Navigating child custody is challenging for any parent, especially under the scrutiny of a court-mandated custody evaluation. Minnesota law uses this process during contested custody proceedings, providing courts with a framework to determine the most beneficial living arrangements for children. While this process is not obligatory, it is commonly used to resolve custody disputes and ensure the interests of the child are at the forefront of any decision.
The outcome of these evaluations significantly influences the court’s final verdict on child custody. The lawyers at Knutson + Casey may guide you through the child custody evaluation, from handling the legal process to guiding you on how to best represent your parenting capabilities and advocate for your child’s best interests.
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Minnesota law allows for a “custody evaluation” during contested custody proceedings, where the court may request a detailed investigation and report on the best custodial arrangements for the child. While this evaluation is not compulsory, it is commonly ordered in most contested cases. In some cases, the role of conducting this evaluation may be assigned to a Guardian ad Litem, although this approach is generally not recommended.
Typically, a custody evaluation process takes about four months. A thorough evaluation includes multiple interviews with each parent — often two or three sessions totaling two to three hours per parent. The children are also interviewed separately for a similar duration without their parents present.
Additionally, evaluators may consult with other significant figures in the children’s lives, such as daycare providers or teachers, and observe the children’s interactions with each parent in their respective homes.
Other aspects of the evaluation might include criminal background checks of the parents, reviews of mental health records, and assessments of any substance abuse issues. Evaluators also consider the children’s school performance and any other information pertinent to determining the children’s best interests regarding custody.
Upon completing the investigation, the evaluator prepares a detailed report analyzing all relevant factors and making recommendations for custody and parenting time as outlined in section 518.17 of the statute. Although these recommendations are not binding, they significantly influence the court’s final decision.
Typically, the court tends to follow these recommendations closely, leading many cases to settle once the evaluation report is submitted. If there are disagreements with the evaluator’s recommendations, your child custody lawyer at Knutson + Casey may prepare for trial with additional evaluations, witnesses, and evidence to challenge the initial findings.
Being a single parent in Minnesota comes with its challenges, but your commitment to your child’s well-being is essential. As you approach a child custody evaluation, you must prepare thoroughly to ensure the process reflects your dedication as a parent. The following are several strategies to help the evaluation go smoothly:
The lawyers at Knutson + Casey will help you prepare for your child custody evaluation and guide you through the process. We know how challenging these cases may be, so we handle them with the utmost attention and sensitivity.
Facing a child custody evaluation can be a stressful experience, but with the right guidance, you can approach the process with confidence. At Knutson + Casey, we understand the importance of putting your child’s needs first and ensuring that your rights as a parent are upheld. Our team is committed to helping you prepare for every aspect of the evaluation, from interviews to home visits, while also offering support throughout the legal proceedings.
We have been assisting families in Minnesota for decades, providing personalized legal representation that prioritizes your unique situation. Our experienced attorneys can help you navigate the complexities of your custody case and work toward an outcome that serves the best interests of your child. Call us at (507) 344-8888 or visit our contact form to schedule a consultation and learn how we may assist you during this critical time.
Knutson and Casey Expert Legal Team
November 5, 2024
At Knutson+Casey, we take the time to understand each distinctive matter presented to us by a client in need of assistance. We make certain that our clients understand their options and can make informed decisions regarding the progress of their cases. We have 4 bar certified attorneys as well as 5 expert paralegals on staff to review all legal information and cases presented.