In divorce or paternity cases, custody evaluations are common. They are provided for in the paternity and divorce statutes, as well as local court rules and discovery rules. A trial court judge has the inherent discretion and power to order a custody evaluation. In simple terms, a custody evaluation is nothing more than a trained professional interviewing the adults and children and reviewing materials they provide to make a written report to the trial court of what is in the children’s best interests. However, there are three things you must know to make the most of a custody evaluation. These ...
Tag: custody evaluations
March 1, 2018CD
In Part I of this blog post, two of the “mistakes” that often occur by nothing more than human nature in a custody evaluation were discussed: (1) trying to answer psychological testing in a favorable way, and (2) coaching children to a degree before a custody evaluation. It is important to be aware of these because they can occur at the unconscious level–engaging in these behaviors without realizing it. By realizing these common mistakes or issues, a parent can make the most of his or her custody evaluation, and ultimately, to act in their child’s best interests. Below in Part II ...
July 26, 2012CD
One tool frequently used in a paternity or divorce, or post-paternity or divorce or custody modification, is requesting a custody/parenting time evaluation. An evaluation is helpful for many reasons. Globally, it is a tool used to allow a mental health professional to observe the parent-child relationship from a neutral, third-party position, and evaluate the family dynamic and make recommendations to the trial court what custody and parent time arrangement is in the child’s best interests. This third party evaluator often refers to other materials and statements of third parties to assemble a complete “family snapshot” with evidence that would otherwise be difficult ...
July 24, 2012CD
This is a very complicated question with answers that turn on detailed factual analysis. As a general legal rule, if one domestic party to a conversation in Indiana consents to its recording, it is lawful to do so. However, if this crosses state lines the analysis may change. However, there are numerous exceptions to the controlling State and Federal Law. Thus, in domestic or other cases, the statutory text and case law interpretations should be specifically consulted. In Indiana, the controlling law is the Indiana State Wiretapping Act. Ind.Code § 35-33.5-5-1 et seq. The Federal Wiretap Act is codified at ...
June 9, 2011CD
At Ciyou & Dixon, P.C. we believe custody evaluations sometimes play a vital role in the preparation of a client’s case to facilitate it settling, typically in mediation, or to make it the best it can be for trial. The lynchpin of a custody evaluation is the evaluator’s consideration of collateral material. In basic terms, collateral information is what allows the evaluator to ascertain the weight to assign to each parent’s position. Consciously, sub-consciously, and/or unconsciously everyone presents his or her best side to a custody evaluator. This is human nature in matters of the heart, particularly child custody and related ...
June 2, 2011CD
Ciyou & Dixon, P.C. child custody advocates frequently discuss custody evaluations with their clients. They are one of the many tools in a domestic attorney’s tool box that may help a client to reach his or her custody objectives. To make the most of any case, however, they should be considered, not just used as a standard course. The place we begin at Ciyou & Dixon, P.C. is to explain to our clients the custody evaluation process. There are a number of concepts that you must understand to help us determine if this is, in fact, the right legal tool for ...
April 5, 2011CD