When parents separate or divorce, one of the most sensitive and complex issues is determining how parenting time will be shared. Courts are guided by the “best interest of the child,” but in high-conflict cases or situations involving safety, mental health, or communication concerns, a judge may need additional information to make a determination. This is where a parenting time evaluation becomes an important tool not just for the parents, but the courts as well.
What is a Parenting Time Evaluation?
A parenting time evaluation is a formal assessment conducted by a neutral professional – often a psychologist, social worker, or court-appointed evaluator – who provides the court with recommendations regarding parenting time and decision-making responsibilities. The evaluator’s role is not to choose sides, but to assess family dynamics and determine what parenting arrangements best support your child’s physical, emotional, and developmental needs.
When is a Parenting Time Evaluation Ordered?
Parenting time evaluations are most commonly ordered when:
- One of the parents wants to relocate to another state or country with the minor child
- Allegations of abuse, neglect, or substance use
- A child has special medical, educational, or emotional needs
- One parent raises concerns about the other parent’s mental health
- There is a history of high conflict or poor co-parenting communication
In some cases, the court orders the evaluation on its own. Most often, however, one or both parents may request an evaluation.
What Does the Evaluation Process Involve?
While each parenting time evaluation is unique, most include several key components:
1. Interviews with Each Parent
Each parent will meet individually with the evaluator to discuss:
- Parenting history and involvement
- Concerns about the child’s well being
- Work scheduled and availability
- Co-parenting communication and conflict
Honesty and cooperation are critical during these interviews.
2. Child Interviews
Depending on the child’s age and maturity, the evaluator may speak directly with the child. These conversations are conducted carefully so that the child does not feel like they need to choose sides.
3. Observation of Parent-Child Interaction
Evaluators often observe each parent spending time with the child to assess:
- Emotional connection
- Communication style
- Discipline and structure
- Ability to meet the child’s needs
4. Collateral Contacts
The evaluator may speak with third parties, such as:
- Teachers
- Therapists
- Counselors
- Pediatricians
- Childcare providers
- Other family members
These contacts help provide a fuller picture of the child’s daily life and the level of involvement of both parents.
5. Review Documents
Relevant records may be reviewed, including:
- School records
- Medical or therapy records
- Police reports or prior court orders
- Written communications between parents
6. Psychological Testing and or Drug Testing (if applicable)
In some cases, standardized psychological tests may be used to assess personality traits, stress levels, or parenting capacity. If either parent has a history of drug use, the evaluator may request that the parents undergo drug testing.
What Factors do Evaluators Consider?
Evaluators typically assess the factors tied to the child’s best interests, including:
- Each parent’s ability to provide a stable, safe environment
- Emotional bonds between parent and child
- Willingness to support the child’s relationship with the other parent
- History of caregiving and involvement
- Mental and physical health of the parties
- Any evidence of domestic violence, abuse, or neglect
- Any other issues raised by the parents
No single factor determines the outcome. Evaluators look at the overall picture.
The Evaluation Report and Court Use
At the conclusion of the process, the evaluator prepares a written report, sometimes sixty to a hundred pages in length, that may include:
- A summary of the evaluation process
- Findings regarding family dynamics
- Observations and professional opinions
- Recommendations for parenting time and decision-making authority
It’s important to note that Judges give significant weight to these reports, but they are not binding. The court may accept, modify, or reject the recommendations based on other evidence. Most often, however, the courts adhere to the parenting time recommendations.
Who pays for a Parenting Time Evaluation?
The cost sharing for the parenting time evaluation depends on multiple factors, including the parties’ financial situations, who requests the evaluation, and the issues in the case. Depending on the locations of the parties and the issues investigated, the evaluation can cost several thousand dollars. They are, however, usually a cheaper option than a full trial.
If financial assistance is needed, Family Court Services may provide funding. Parties may reach out to the family court services in their county to inquire.
The Importance of Legal Guidance
Parenting time evaluations can significantly influence the outcome of a custody case, and most often do. An experienced family law attorney can help you:
- Choose the right evaluator
- Understand the process and what to expect
- Prepare appropriately for interviews and observations
- Assist in gathering the necessary documents or evidence for the evaluation
- Address inaccuracies in evaluation reports
- Advocate for your child’s best interests in court.
If you are facing a custody dispute or have been ordered to participate in a parenting time evaluation, call our office to speak with one of our knowledgeable attorneys to help guide you through the process.
