One of the first decisions to be made is whether a custody evaluation would be useful. Every case does not require a custody evaluation, however, in certain cases, such as a move away or where there are abuse allegations, an evaluation can be a necessity. The requirements and procedures for all custody evaluations is set forth in the Rules of Court, Rule 1257.3.

Once it is determined that an evaluation would be useful, the attorney must consider what type of evaluation should be used. The choices include the Child Custody Evaluation Office, Panel Psychological Evaluation, Private Psychological Evaluation or Mini Evaluation.

For every evaluation, the attorney should review the stipulation presented very carefully. The attorney should not waive rights of their client, such as the right to depose or examine the evaluator, the right to strike portions of the report as being inadmissible testimony, or the right to have the report admitted without foundation.

Child Custody Evaluation Office

This is an evaluation which is performed by the Child Custody Evaluation office at the court house. This office typically does not do psychological or psychiatric testing. Nor will the evaluation be performed by a licensed psychotherapist. The evaluation is generally the least expensive of the options. The Child Custody Office will perform home visits, thus if the home environment is a concern then this may be a good choice for your client.

Panel Psychologist

This evaluation does involve psychological testing. You have no choice of evaluators, however, as you are given whoever is next up on a rotating list. The psychologists who perform Panel Evaluations are honest about the limitations they impose on the panel cases due to financial constraints. For example, there usually will not be a home visit in a panel case. There is also little time available to perform collateral interviews. The parties and the children meet in different variations in the evaluators office.

Private Psychologist

This Evaluation tends to be the most expensive of the choices. There is a larger selection of Psychologists who perform private evaluations, although typically all of the evaluators on the panel also perform private evaluations. Be aware that not all of the psychologists will perform a home visit, even in a private evaluation. If this is important in your case be sure to enquire whether this is to be included before you select your evaluator. In a private evaluation, the evaluator spends more time with your client and has more time available to check with collaterals, speak to therapists, school teachers, etc. If you are having a private evaluation performed, be sure to provide the evaluator with a list of the individuals you desire them to contact, along with their work and home telephone numbers. Keep in mind that a private evaluation will take approximately three to five months to complete.

Mini-Evaluationa

A direct result of the length of time required to obtain even a Child Custody Evaluation, has caused many judicial officers to request Mini Evaluations. These evaluations are used in circumstances where the court needs to make interim orders pending a full evaluation, where the issues are limited (such as why a thirteen year old is refusing to visit with a parent), or in cases where time is critical. The evaluators meet with the parties and children for a few hours. In the usual matter these evaluations include no or minimal paperwork, nor psychological testing, no home visits and no collateral interviews. The benefit to a mini-evaluation is that it can be performed and a short report written within a matter of days, as opposed to months.