What Is a Child Custody Evaluation & Why Is It Necessary?
In Tennessee, when you’re divorcing, child custody evaluations are often conducted by licensed psychologists or psychiatrists. Third-party professionals are used outside the office to ensure a fair and neutral evaluation. The findings and opinions of the evaluator are then used to assist in making critical child custody decisions.
One thing you must keep in mind is that most child custody evaluations are not confidential, and there is no doctor-patient relationship with you, your spouse, or the child involved.
Additionally, all the data and facts collected by the evaluator are given to the Tennessee court and your and your spouse’s lawyers. If a custody hearing must be held, the evaluator is ordinarily called upon to testify as an expert witness and is subject to cross-examination.
After the evaluator assesses both your and your partner’s parenting capacity, the final findings of these professionals are analyzed by the judge to decide just what’s in the child’s psychological best interests, Always keep in mind that the judge and the Tennessee court usually give the evaluator’s report substantial weight. However, although it can be vital in evaluating custody issues, it does not finalize your child’s placement, which is always up to the judge.
That said, child custody evaluations are always stressful and emotional, and the professional advice and guidance of a skilled, empathetic, and knowledgeable Tennessee child custody lawyer are mandatory.
What Is Usually Involved In a Tennessee Child Custody Evaluation?
Finding out you must have a child custody evaluation is always a stressful and emotional experience. However, the best way to prepare for this important event is to familiarize yourself with the process as much as possible. Your with you in depth and professionally help you through it.
In most cases, however, the child custody evaluation includes the following basic steps:
- The evaluator will thoroughly review your court file.
- The medical professional may have up to three interviews with you and your spouse.
- They also may interview each child up to two times.
- An evaluator may ask to spend time with each child, you, and your spouse.
- They also may Interview other parties, such as family members, relatives, etc., to best determine the dynamics of your family life.
Additionally, there may be an interview in your home, but that will usually be a planned time, and they won’t be “dropping in” unannounced.
You should know that the child custody evaluator’s job is not to “trip you up” or catch you doing anything wrong. Their job is to collect pertinent facts to help the judge determine the type of custody arrangement that is safest and most beneficial for your child.
Remember that your child custody lawyer has been involved numerous times with these types of interviews, and they will empathetically work to guide you through the process to achieve the best possible outcome.
What Is The Main Purpose of a Court Mandated Child Custody Evaluation?
When a Tennessee judge must decide on custody, they can’t do it in a vacuum. This is why the professional opinions, facts, and evidence presented by the evaluator are vital to their decisions. Expert witness testimony (such as the child custody evaluator’s) will detail the dynamics of your parenting and, hopefully, will provide valuable insight into deciding on the proper custody plan that benefits you and your child.
You should know that, in most child custody cases in Tennessee, the judge uses child custody evaluations to make a final custody determination.
The evaluator will prepare a written report for the Tennessee court, you and your spouse, and your lawyers. In some cases, the judge will order a child custody evaluation to assess specific issues, such as abandonment, domestic violence, physical or emotional impairment, drug or alcohol abuse, and more.
In most child custody cases, you and your spouse may have already submitted a parenting plan agreement for court approval. However, as your lawyer will explain, the judge is the final arbiter when placing your child and deciding on custody.
The report generated by the evaluator is only used to provide solid information to help the court do what’s best for your child.
Your is always prepared to fight for your rights. Therefore, if you feel that the report was biased or inaccurate, your lawyer can and will provide legal options to help you get justice in your case.
Are There Ways I Can Prepare For My Child Custody Evaluation?
First, all professional child custody evaluators expect you and your child to be anxious about this process.
However, and help you and the evaluator fully understand you and how you parent your child.
However, discussing the interview with your child custody lawyer will give you valuable insight into how to manage yourself, such as:
- Treat the entire process as a job interview – For example, always be on time and dress appropriately. Never become defensive; be honest and sincere. However, always remember that what you tell the evaluator is not confidential.
- Be as organized as possible – Have the needed documents available, and list all your questions so that you are clear on the entire matter.
- Effectively show that your child is a priority in your life – Communicate your knowledge of their interests, needs, and desires and use that knowledge as a basis for your views on custody.
- Pay close attention to any questions and answer them succinctly – If you don’t understand a question, ask for an explanation.
- Avoid all negative comments – About your spouse and limit your answers to specific facts; don’t elaborate unnecessarily.
- Explain to your child what is happening – But never coach them on what to do or answer.
- Respond rapidly and calmly to all requests – Including those for additional testing, documentation, or more.
These are only a few things to remember, but the best path to take is to discuss and get guidance on the interview from your; they are always on your side.
I Must Go Through a Child Custody Evaluation; How Should I Proceed?
If you decide to file for divorce or are already deep in the process, the guidance of an experienced divorce lawyer is mandatory to ensure all goes as smoothly as possible.
Divorcing is harrowing enough, but going through a child custody evaluation can make it even more dire. If you must face this process, plan well ahead by getting the expert, professional, and compassionate advice your lawyer will provide.
The child custody lawyers at the have a long, reliable, and compassionate history of helping Kingston clients through complex custody cases.
Call them today at 865-830-6286 for a full consultation on your unique child custody case. They will work diligently and tirelessly to obtain the best possible outcome for you, your child, and your future.