Child custody evaluation is a process in which a Virginia court reviews a child’s living conditions in order to decide whether new arrangements for custody and parenting time need to be made. The child’s parent will provide the court with information to help the court draw up an arrangement in the child’s best interest.
Typically, the process involves an evaluator who first interviews the parent and then observes each parent’s interaction with the child. In addition, the evaluator may interview family members, teachers, caregivers, and other people involved in the child’s life.
During this time, speaking to Attorney Kellam T. Parks of Parks Zeigler PLLC is a smart idea. If you are going through a divorce in Virginia, here are important things to know about child custody evaluations.
Who Carries Out a Child Custody Evaluation in Virginia?
The court usually appoints an evaluator to complete a child custody evaluation in Virginia. The court-appointed evaluator may be an attorney or a mental health professional, but neutral and independent. Generally, the evaluator will be someone without a pre-existing relationship with either parent.
When Will the Court Order a Child Custody Evaluation?
The court does not always evaluate a child’s custody arrangement in Virginia. Below are the different situations where the court may have to take the child custody arrangement upon itself:
- The divorcing parents cannot agree regarding parenting and custody time.
- There are concerns regarding the child’s safety, developmental needs, and overall well-being.
- The divorcing parents have significantly different opinions regarding determining what is in the child’s best interest.
- Allegations of neglect, substance abuse, or parental alienation exist against either or both parents.
How Does Child Custody Evaluation Work?
A typical five-step process is involved in child evaluation in Virginia, from the initial confrontation to the final reporting. Below is the standard procedure for child custody evaluation in the state of Virginia:
Step 1: Initial Consultation
At the initial consultation stage, the evaluator will talk with each parent individually to gather certain pieces of information. These include family history, parents’ concerns, and why they seek child custody evaluation.
Step 2: Interviews
After the initial consultation, the next stage in child custody evaluation is the interview stage. Here, the evaluator interviews the child, each parent, and other significant individuals, like the teachers, in the child’s life.
The purpose of interviews in child custody evaluation is to decipher the child’s relationship with each parent and their interests and needs. During this time, it is essential to keep clarity of mind and be open about your problems.
At this stage, there may not be any going back, but staying open about one’s feelings can take the complications out of the situation.
Step 3: Observations
At the observation stage, the evaluator may visit each parent’s home to observe their interaction with the child. This helps them examine their parenting styles and the quality of each parent’s relationship with the child.
Step 4: Testing
Here, the evaluator gauges the child’s psychological and emotional well-being using any means of psychological evaluation. Some commonly used means of psychological evaluation for child custody evaluation in Virginia are psychological tests.
Step 5: Report
At this final stage, the evaluator has completed the evaluation and is ready to prepare a written report. The custody evaluation report will enumerate the evaluator’s findings and recommendations regarding parenting and custody time. Then, they will submit the report to the court, where the judge will base their determination of a custody arrangement.
How Long Does Custody Evaluation in Virginia Take?
Child custody evaluations in Virginia can take weeks to months, depending on certain factors. The process will typically take longer if the case is complex or if any of the individuals involved are unavailable.
Conclusion: Can You Disagree With the Final Report?
You can disagree with and challenge the evaluator’s findings and final report in court. However, it is quite a complex feat to achieve; you may want to discuss your options with a legal advocate.
