Child Custody: Do we have to have an evaluator?

Legal Law

Courts don’t like to make child custody orders. No matter how they rule, one member of the pair will not be happy. For most parents, the thought of not seeing their children every day is cause for complaint.

The courts are also aware that they could make a terribly wrong decision. A child can be injured or killed if they inadvertently fall into an abusive environment. There is nothing a judge can do within a final hearing to get all the information he needs to make a perfect custody order.

Also, the training of a lawyer does not include much psychology. Lawyers attend seminars to find out what the latest thinking is about child custody. However, much of the child custody issue is based on facts, and facts can be hard to come by when a warring couple is trying to prove that they are Mary Poppins incarnate and that their ex is the spawn of the Devil. independent custody evaluators can take the time to gather important information about the child’s life.

Others rely on guardians ad litem, custody evaluators, or CASAs to conduct an objective investigation into their child’s life. Some parents hire private psychologists to conduct independent evaluations. When they have finished interviewing teachers, babysitters, coaches, friends and family, and studying school reports and medical and dental records, the evaluators write a report for the court. The judge usually reads the report and, unless there is something new and beginning at the final hearing, makes its conclusions part of the final decree.

Some judges are willing to personally hear what all witnesses have to say. If your judge is not willing to hire outside help to help you with your child custody issue, she will listen to what all the witnesses have to say at the final hearing. She will seek information about the child and will not be happy with witnesses who stray to personal opinions.

If you’re calling someone to the stand in a child custody case, it’s best if they actually know something objective about the child. It is not very interesting for the judge that all your friends and relatives think you are a good father. The judge assumes that your friends and relatives like you and want you to win. However, specific cases involving the child and the other parent can be helpful if they illustrate something about the child or parent involved to give the judge a clearer picture of the family dynamics.

If your grandmother takes the stand to say that her ex is not worthy of spending time with her own children, she had better be there to observe an incident that proves her point. Otherwise, Granny will only vote for you in a popularity contest and the judge will rule out her opinion. He also won’t think much of you for dragging her in there to testify in the first place.

Judges are particular about what information they may consider in child custody cases. One of the main reasons they appoint evaluators is to reduce the hours they would need to hear as much testimony as possible about the child’s life firsthand. Giving the evaluator the wrong impression could cost him time and money that he would rather not spend. However, in general, you want to behave in a way that will lead the evaluator, and eventually the judge, to conclude that you are a mature and responsible adult who can be trusted to care for your children.

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