How to Prepare for a Custody Evaluation

Child custody cases in the Palmetto State are based on what is in a child’s best interest. This is the touchstone for nearly all family law dispute issues involving minor children. A child custody evaluation is often necessary to help a judge determine what custody arrangement will benefit a child’s welfare and development.

This evaluation is a critical moment in any custody dispute. Parents should prepare for the evaluation by working with a South Carolina family law attorney. Contact Surasky Law Firm.

Understanding the Reason for the Evaluation

These evaluations typically arise when there is some question about a parent’s fitness or when parents disagree about custody. A judge must consider various factors to determine what is in the child’s best interest, including:

The child’s developmental needs;
Each parent’s mental health and capacity to meet a child’s needs;
A child’s relationship with siblings
How well a child is acclimated to school, home, and community;
The stability of each parent’s home;
Other factors.

A judge can appoint a custody evaluator, who is a licensed psychologist to investigate and report back to the judge.

This evaluator is independent. They do not represent either parent, and they do not represent the child. The evaluator will use their professional expertise to help a judge understand what is in a child’s best interests in terms of development and growth.

Gather Required Documents

The evaluator will request certain documents from you. You should get an early start on finding everything requested, including medical and school records.

You don’t want to delay the evaluation. Furthermore, failing to obtain the required documents makes you look disorganized or difficult to deal with. Those factors could show a judge that you don’t deserve custody.

Address Any Weaknesses Ahead of Time

A custody evaluator will focus on issues related to your child, such as your relationship and parenting style. However, other issues might come up, such as your drug or alcohol use or a criminal conviction. You should prepare mentally for how you intend to address these issues.

Another issue is whether you haven’t really developed a close relationship with your child. This is common when one parent works a tough schedule or is always on the road. You might have barely spent any time with your child when your spouse serves divorce papers. You should anticipate how to respond to questions about the lack of a meaningful relationship with your children.

Talk with your family law attorney. It is better to prepare yourself for uncomfortable questions ahead of time.

Prepare for the Initial Interview

A custody evaluation usually includes an initial interview. Some topics covered include your relationship with your child up to this point. This is typically a one-on-one interview, meaning the other parent is not present.

You can prepare with your attorney, if you need help finding out how to express yourself with words.

Get Ready for the Home Visit

A custody evaluation in South Carolina usually involves a home visit. The evaluator will come to your house at least once. This is an important moment. The evaluator is certainly judging your home. They want to see that you have a safe, stable environment where a child could flourish. The evaluator also probably wants to see you interact with your child in your home environment.

You can prepare for the home visit by doing the following:

Remove obvious hazards. Your home does not have to be spotless. However, major hazards need to be fixed, such as exposed wires, holes in the floor, rats and mice, and other obvious hazards. The evaluator should not come away from the visit thinking, “A child is in danger in that home.”
Get rid of anything illegal. Anything illegal should not be in your home at any time.
Restrain a dog. Even if your dog is friendly this shows you are a reliable pet owner.
Clean the house. Ensure the house is clean and livable.
Call Surasky Law for other tips about how to impress a custody evaluator during the home visit.

Identify Other Interviews

An evaluator might also speak to other people who play a meaningful role in your child’s life. For example, they might want to speak to relatives like grandparents or aunts and uncles. If you are dating or married to someone else, then the evaluator will probably want to talk with them.

You should give everyone a heads up that you anticipate them being interviewed. People who have an interview sprung on them might be in a bad mood or not cooperative.

Is There Drug or Alcohol Testing?

This is a major concern for some parents. The reality is that a judge could order drug testing. If you have an addiction, you should address it immediately. Perhaps you want to enter drug treatment or a 12 step program. Show that you are taking concrete steps to overcome an addiction.

Other Psychological Testing

A judge could also order other testing if there is a need for it. For example, one parent might have a history of mental illness. A judge could order psychological testing to better understand your condition.

5 Mistakes with Custody Evaluations in South Carolina

Whatever you do, please avoid these mistakes:

Don’t miss the evaluation. Judges put a premium on the evaluator’s professional opinion. This is a critical moment in a custody case.
Do not show up to an interview drunk or high. This fact will definitely be noted—and you could lose custody.
Avoid procrastinating. Take the evaluation seriously and prepare well in advance. You will feel more confident.
Do not proceed without a lawyer. An experienced family law attorney is a huge boon to your case. We can help you prepare for the home visit, as well as any interview.
Don’t lie during the evaluation. Any dishonesty reflects poorly on your character.