Custody Evaluations

LIST OF CUSTODY EVALUTATORS

Custody evaluations are needed when the parents cannot agree on what parenting arrangements are in the best interests of the children.

There are two methods by which a custody evaluation can be obtained.

One method is where both parents hire experts who will tell the court what should happen to the children as an advocate for the parent who hired them.

The other method is where the parents agree on one credible expert who has the credentials, gender neutrality and custody evaluation experience to render a fair and impartial recommendation regarding what is best for the children not as an advocate for one parent but as an advocate for the children.

A private evaluator can perform custody evaluations. Some counties like Hennepin and Ramsey, have Department of Court Services that will render low cost custody evaluations.

The difference between using a private evaluator and a county evaluator is primarily a difference in cost and the quality of the evaluation.

Both the private evaluator and county evaluator will speak with both parents. Both will meet with the children, often when the parents are present so that the interaction between the parents and children can be observed and assessed.

Both private and county evaluations should include contact with collateral witnesses. These are individuals who have something important to contribute to the issue of how the children should be parented.

Generally, family members and friends are not good collateral resources. The best collateral resources are teachers, day care providers, nannies, coaches, and therapists for the children and/or parents and activity supervisors. Family members who support the parent who is not a member of their immediate family are also good collateral resources.

The county evaluator will have limited time and resources to speak with and/or meet collateral resources. The private evaluator will generally seek to speak with all collateral resources identified by both parents.

The county evaluator may not have the time to do a thorough observation of the parents and children. A private evaluator might do a home visit in addition to observing the parent-child interaction in an office environment.

The county evaluator is not likely to do testing such as an MMPI because the county funds are not available to do so. The private evaluator will likely do tests (paid for by the parents) for both the parents and children to provide an additional source of information.

The county evaluator is generally working with a very heavy caseload and cannot spend the time that a private evaluator can spend getting to know the parents, children and family dynamics.

The county evaluator will generally cost less than $1,000 while the private evaluator will cost between $8,500 and $10,000 excluding testimony.

A case in which custody is resolved by a judge after a trial is likely to cost at least $10,000 if there are few witnesses, less experienced attorneys and only one county expert.

In extreme cases if two or more private evaluators and skilled divorce attorneys are involved the cost of a custody trial can top $100,000 per parent.

Generally a custody battle with good lawyers, more than one expert and several witnesses will cost each parent at least $15,000-20,000 on top of the expert fees.

Some courts are seeking to keep custody disputes to a minimum. In some courts the judges limit the number of experts who will be involved. Some judges provide that only one expert will be involved and that if the parties cannot agree on the expert then the judge will appoint an expert.