A Fairfax, VA Family Law Attorney Answers Questions About Child Custody Evaluators

In Virginia, when two parents can't come to terms on a child custody arrangement and mediation fails, upon the request of a parent for good cause, the courts may order the parents to hire a mental health professional who is specially trained as a custody evaluator. A child custody evaluator is a professional psychologist - who has experience in gathering information about the parents and their interactions with their children. They will use this information to develop a report and make a recommendation on the issue of custodial access of the parents and children.

The Parental Evaluation Process

Parents tend to be apprehensive about the evaluation process. It often helps for them to know what's going to happen in advance. The process is pretty straight forward, but the results are unpredictable. You can expect certain things to happen if you are being evaluated:

• Each parent will undergo two or three interviews.
• Each child will undergo at least two interviews.
• A home visit to each parent's residence where the parent will be observed with the children.
• You, the other parent and the children will have to undergo psychological testing.
• Other parties may be contacted, including teachers, therapists, daycare/aftercare staff, doctors, et cetera.
• You will be expected to sign releases so that that the psychologist may talk to and obtain your records from various mental health professionals and medical doctors as necessary.

Preparing For Your Evaluation

Once you find out that there will be an evaluation, you'll want to schedule an appointment with your family law attorney so that you are prepared for the interviews. Your lawyer should inform you about what to expect and what, if anything, is beyond the scope of a normal interview or observation. Many parents have concerns about how their children will react to the evaluation process. It's reasonable to ask the evaluator what he or she intends to talk about with your child. Many evaluators will see this as a strength since it demonstrates concern for the child. If you live in a remote area of Virginia, there may only be one or two evaluators in the county. However, if you're case is being heard in the Fairfax, Loudoun, Alexandria, or Prince William family courts, there are dozens of child psychologists who serve as child custody evaluators. Still, it is to your benefit to confer with your legal counsel. If your attorney is familiar with your evaluator - if he or she has used the evaluator in the past - he or she may be able to provide valuable insight.

What if you do not like the recommendations made after the process is complete?

Discuss the issues with your family law attorney. There may be an opportunity to review the test data which is heavily relied upon by the evaluator to form their hypothesis and recommendations. Another psychologist who may review the test data may find a way to rebut the results and form their own recommendations based upon their read of the test data.

Virginia Divorce and Family Law Attorney Claudia Zucker

Do you need a family law attorney? Do you have questions about what happens during the parental evaluation process in Virginia? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.