How to Prepare for Your Child Custody Evaluation

Legally reviewed by:
Knutson and Casey Expert Legal Team
November 5, 2024

Family lawNavigating 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.

What Does a Child Custody Evaluation Entail?

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.

Interviews

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.

Background Checks and Reviews

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.

How to Prepare for Your Child Custody Evaluation

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:

  • Prioritize Your Child’s Needs: Always center your child’s needs to demonstrate to the evaluator that your primary concern is their welfare, underscoring your capability and commitment as a parent.
  • Maintain Honesty: Be truthful throughout the evaluation process. Dishonesty may jeopardize your custody rights and cast doubts on your character, potentially impacting the evaluation’s outcome.
  • Understand the Evaluator’s Function: Recognize the evaluator is an impartial expert tasked with assessing what’s best for your child. Their goal is to determine the most supportive environment for your child, which may not always align with your preferences.
  • Prepare Thoroughly: Arrive on time, or better yet, early for your evaluation. Prepare a set of questions you have for the evaluator to show your engagement and readiness.
  • Make a Positive Impression: If the evaluator is visiting your home, ensure it is tidy and welcoming. A clean and orderly environment will reflect positively on you and reinforce your responsibility as a parent.
  • Concentrate on Parenting: During the evaluation, keep the discussion focused on parenting rather than past grievances with your ex-partner. Highlighting your parental abilities and concerns shows that you are rightly focused on your child’s best interests.
  • Be Authentic: Let your true self shine during the evaluation. Showcasing your genuine personality and parenting style may make a favorable impression and give the evaluator a clear sense of your relationship with your child.

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.

Contact Knutson + Casey to Help You Navigate Child Custody Evaluations

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+Casey

LEGALLY REVIEWED BY

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.