A custody evaluator is usually a psychologist, social worker, or other licensed mental health professional appointed by the court, or sometimes jointly selected by the parties, to conduct an independent assessment of the family and provide the court with a written report and recommendation about custody or parenting time. The evaluator's role is clinical and investigative rather than adversarial, and the resulting report is one piece of evidence the judge considers, not a binding decision.
What a custody evaluation typically involves
A custody evaluation commonly includes interviews with each parent, observation of each parent with the child, interviews with the child depending on age, and sometimes psychological testing or interviews with collateral sources such as teachers, doctors, or therapists. The evaluator then synthesizes that information into a report addressing the child's needs and each parent's capacity to meet them, often concluding with a specific custody or parenting time recommendation.
How a custody evaluator differs from a guardian ad litem
A custody evaluator and a guardian ad litem are sometimes confused because both examine a family's circumstances and report to the court, but the roles are different. A guardian ad litem, often an attorney or trained volunteer, is generally appointed specifically to represent or advocate for the child's interests directly to the court. A custody evaluator, by contrast, is a mental health professional conducting a clinical assessment and offering an expert opinion; the evaluator does not represent anyone as a client and is not acting as the child's advocate. Some cases involve one role, the other, or both, depending on what the court and the parties determine is needed.
How much weight the evaluator's report carries
A custody evaluation report is evidence that a judge can consider along with everything else in the case, but it is not automatically determinative. Either parent typically has the opportunity to question the evaluator, present other evidence, or offer a competing expert, and the judge retains the final authority to decide custody.
Why this matters for a case
Whether a custody evaluation is appropriate in a particular case, how one gets ordered, and how to prepare for one, are questions a licensed family law attorney can address directly for a specific situation.