Custody Evaluator

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A custody evaluator reviewing a report

A custody evaluator is a neutral professional who investigates a family and recommends custody and parenting-time arrangements to the court. Because judges often give an evaluator’s recommendations significant weight, how a parent approaches a custody evaluator matters. This article offers practical guidance. It is part of the site’s guide to custody and parenting.

The Custody Evaluator’s Role

An evaluator is either agreed upon by the parents or appointed by the court. The evaluator then prepares a report under Minn. Stat. § 518.167 that analyzes each best-interests factor in Minn. Stat. § 518.17. The process itself is described in Custody Evaluation in Minnesota.

Judges regard evaluators as neutral and experienced. For that reason, they are often reluctant to depart from a well-supported recommendation.

Three Principles for Working With an Evaluator

Most guidance reduces to three principles: be open, be honest, and be cooperative.

Be Open

Evaluators know what information they need and where to find it. Concealing an unfavorable fact rarely works, and it usually looks worse when discovered. Moreover, the other parent will likely raise it anyway.

It is therefore better to address a difficult fact directly. Explain what has changed and what steps have been taken to prevent a recurrence.

Be Honest

Evaluators are trained to test statements against records and other sources. A parent caught in a misstatement may lose credibility on every other issue. Consequently, accuracy is far more persuasive than advocacy.

Be Cooperative

Missed appointments, late paperwork, or hostility can suggest that a parent would not support the child’s relationship with the other parent. In addition, an uncooperative parent may leave the evaluator relying more heavily on information from the other side.

Stress during an evaluation is normal, and evaluators expect it. Even so, defensiveness and anger tend to undermine a parent’s position.

Keep the Focus on the Child

The evaluator’s task is to recommend what is best for the child, not to decide which parent is right. Accordingly, the most effective approach is to show that a requested arrangement is reasonable, supported by the facts, and centered on the child’s needs. Criticism of the other parent, when necessary, should be specific, factual, and tied to its effect on the child.

Practical Steps

  • Respond promptly to requests for documents and scheduling.
  • Prepare a concise summary of the child’s routine, needs, and caregivers.
  • Identify collateral contacts, such as teachers or pediatricians, who know the child well.
  • Avoid coaching the child or discussing the evaluation with the child.

A guardian ad litem may be involved in the same case. The same principles apply when working with a GAL.

Governing lawMinn. Stat. § 518.167

Custody investigations and reports, including the evaluator’s report requirements.

Next step

Questions about custody or parenting time?

Minnesota courts decide custody under the best-interests factors in Minn. Stat. § 518.17. Majeski Law can explain how those factors may apply to your family.

Contact Majeski Law online

Nothing on this site is legal advice. Contacting Majeski Law does not by itself create an attorney-client relationship.