Custody Evaluations

What Is a Custody Evaluation?

The judge in a contested child custody case may order a custody evaluation. A custody evaluation is a process in which a mental health professional — usually a Ph.D. psychologist — evaluates the parents and children and then makes a custody and visitation recommendation to the court. Courts tend to give considerable weight to the recommendations of the custody evaluator.

Usually, the court will not appoint a custody evaluator unless it is clear the parents have the means to pay the $15,000–$40,000 fee most evaluators charge. In Galveston County, child custody evaluations are usually not ordered. In Harris County, the Domestic Relations Office conducts custody evaluations at a very low cost based on family income if both parents reside in Harris County.

What the Evaluator Does

Texas law has very specific qualifications a child custody evaluator must meet and imposes specific tasks the evaluation must include:

• The evaluator meets with each parent separately several times and meets with the children.
• The evaluator gathers information through interviews, observations, and document reviews.
• The evaluator typically administers psychological tests to assess the mental and emotional well-being of the parties.
• The evaluator conducts home visits to assess the living conditions and safety of each parent's home.
• The evaluator consults with other professionals — therapists, teachers — to gain additional insights.
• The evaluator compiles findings and recommendations in a comprehensive report submitted to the court.

How to Behave During an Evaluation

Parents facing a custody evaluation should remember a few basic rules:

• Treat the custody evaluator like the judge. Be on time, polite, cooperative, and dress appropriately.
• There are no secrets. Nothing you tell the evaluator is confidential — whatever you say could be repeated in court.
• Emphasize what is good about you and your home. Share concerns about the other parent, but focus more on your own strengths as a parent.
• Be organized. Go to meetings with an outline of information you want to provide.
• The rules of evidence do not apply in the evaluator's office — you can bring letters from neighbors, report cards, medical records, and photographs.
• Show how important the children are in your life. Demonstrate that you truly know your kids' needs, problems, and interests.
• Be honest. The custody evaluator will hold it against you if you are caught in a lie.
• Complete and return all documents, forms, or questionnaires as promptly as possible.

After the Evaluation

Once the custody evaluation is complete, the evaluator will prepare a detailed report summarizing what each parent said, the results of psychological testing, and observations of the parents and children. This report will make recommendations. If the case goes to trial, the custody evaluator will usually testify about his or her findings.