What to Expect From a Child Custody Evaluation in Utah

What is a Custody Evaluation in Utah?

In Utah, child custody evaluation is a legal process that helps decide which parent has custody of their child in a divorce. In most cases, a psychologist (or social worker) is obtained to evaluate you and your spouse and then recommend to the judge which partner should have custody and issues such as parenting time with the child.

A custody evaluation is commonly complex and not ever a rapid process and may take two to three months to complete. Additionally, every evaluator may conduct their evaluations differently.

For example, some evaluators use psychological testing and evaluation, while others use entirely different methods. Often, evaluators have parents respond to hypothetical questions regarding parenting situations to assess their parenting skills.

The evaluator will usually visit each home at least once to evaluate your child’s living arrangements. The evaluator will usually ask the parents to make numerous appointments at their office and typically have the parents bring the children to at least one of these appointments.

Custody evaluation can be fluid or rigid, depending on the evaluator’s technique, but your child custody lawyer’s advice and professional guidance during this time will always be invaluable.

What Are Some Steps I Can Expect in a Custody Evaluation?

Licensed professionals do all Utah custody evaluations. Usually, the evaluator holds a master’s or doctorate in psychology, social work, or counseling. Others have extensive experience executing child custody evaluations, but they do so under supervision.
In most cases (but not all), psychological testing is used to determine the level of emotional fitness of the individual (usually the parent) being tested. The final assessment will commonly determine which parent is best suited to parenting their children and should be awarded custody.

Of course, this process varies among evaluators, but usually, you can expect:

• You and your partner have several private interviews with the evaluator.
• Several separate interviews conducted for the children involved.
• Observational visits between you and your children.
• Phone and video calls with therapists, teachers, and doctors who treat your children.
• Then, in the end, a court file review.

In most cases, after the evaluation is complete, you will be scheduled for a formal conference with you, your spouse, your lawyers, the evaluator (and possibly a mediator), and the evaluator present (and possibly a mediator).

At the meeting, the evaluator will outline the results and give formal recommendations for custody and suggested parenting time. In this meeting, your evaluator will commonly provide their results and list areas where the parents are succeeding, areas where their actions may need work, concerns regarding the child, and possibly resources the evaluator believes will be helpful to solving any perceived issues.
The evaluator usually also details specific provisions that they feel should be included in the final divorce or child custody agreement decree.

After the evaluator has given their official report, you, your ex-partner, and your lawyers will commonly negotiate an attempt to resolve the child custody issue and reach a final agreement.

Unfortunately, let’s say an agreement cannot be reached. In that case, all the parties involved will request a formal written report from the evaluator and schedule a trial, at which the judge will make the final child custody decision.

So, many times, child custody evaluations can be lengthy, stressful, and emotionally charged. Additionally, a great deal of negotiation may take place. Your experienced, knowledgeable, and compassionate child custody lawyer, using their well-honed negotiating skills, will work diligently to obtain the best possible outcome for you and your child.

What Are Some Factors a Custody Evaluator May Consider?

Like the Utah courts, you must note that child custody evaluators consider specific factors designed to help all parties concerned assess what custody arrangement is in your child’s best interests.

These factors can include:

• Your child’s age, gender, and stage of development.
• Both you and your ex-spouse’s relationship with your child
• Which parent can best provide for their child’s needs, such as food, clothing, education, shelter, medical care, etc?
• The state of your child’s emotional and physical well-being.
• Both you and your spouse’s ability to provide a stable, sound, and consistent environment for your child.
• Of course, any history of abuse, neglect, or domestic violence in the family.
• If your child is old enough, what are their wishes regarding custody?

As stated, this can be a long, stressful process, but in many cases, having an expert child custody evaluator as a third party, professionally providing valued and substantive information and recommendations, is sometimes the only option you have left to resolve your custody dispute; the last thing you want is for the court make the final decision.

Just note that if you must go through this challenging process, you must work closely with your child custody lawyer to properly strategize and prepare evidence for the evaluator that substantiates your side of the case.

How Can I Prepare for a Custody Evaluation?

First, suppose you are a parent facing a divorce or post-divorce custody modification. In that case, your lawyer will explain that a custody evaluation allows you to prove your fitness as a parent and may substantially impact your case.

Preparing for a custody evaluation is never too soon, and the help of your experienced, knowledgeable, and compassionate child custody lawyer will be invaluable.

You can begin by keeping a detailed journal documenting your parental involvement and more. But speaking and strategizing with a well-versed child custody lawyer before you do your evaluation is mandatory to help ensure the outcome you want.

This can be a long and arduous process, and it cannot be overstated how important it is to work with an experienced lawyer who thoroughly knows the evaluation process and the evaluators in your area.

Your child custody lawyer will discuss the following and explain how these and other factors may affect your case:

• The age of your child.
• Your child’s possible preference regarding their custody.
• The parent who has been the primary caretaker of your child and who best suits this responsibility now.
• Other more sensitive issues including physical or emotional abuse, drug addiction, or alcohol abuse.

I May Have to Go Through a Custody Evaluation in Utah, How Should I Proceed?

The empathetic, passionate, and diligent child custody lawyers at the RCG Law Group totally understand Utah’s laws and rules on child custody and child custody evaluation, especially what the custody evaluators are looking for.

They are zealous, well-versed, and consistent advocates for their clients. They will wholly and thoroughly explain the entire child custody evaluation process and strategize how to approach it in your unique case.

Call them today at 385-503-3663 for a free consultation on your unique circumstances. They will guide you professionally, empathetically, and confidently through this critical stage of your child custody case.