Divorce can be difficult for everyone involved. When minor children are involved in a divorce and the parents cannot agree on custody arrangements, a Tennessee court may order a child custody evaluation to help the court determine what is in the best interest of the children. If you are a parent going through a divorce and the court recently ordered such an evaluation, you are likely feeling anxious and worried about the evaluation process as well as the outcome. Because every divorce is unique, you should speak directly with an attorney if you have specific questions or concerns. To help prepare you, however, a Murfreesboro divorce attorney at Bennett | Michael | Hornsby discusses what to expect from a child custody
evaluation during your Tennessee divorce.
Why Might a Court Order a Child Custody Evaluation?
If a couple has minor children from the marriage, issues relating to the children must be addressed during a divorce. Typically, one parent is designated as the Primary Residential Parent (PRP) and the other parent the Alternative Residential Parent (ARP). These terms are used in lieu of outdated terms such as “custodial parent.” Ideally, the parents reach an agreement that resolves all child-related issues, including where the children will live and who will be the PRP, without the need for the court to intervene. If an agreement is not forthcoming, the court will decide any disputed issues, including the children’s living arrangements. In order to make an informed decision, the court may order a child custody evaluation.
What Is a Child Custody Evaluation?
The purpose of a child custody evaluation is ultimately to assist the judge in making decisions about custody and visitation when minor children are part of a contested divorce. A neutral third party, usually a licensed psychologist, conducts a formal investigation that evaluates the family dynamics and then prepares a comprehensive assessment and makes recommendations to the court. The goal of a child custody evaluation is to ensure that the final custody decision made by the court prioritizes the children’s health, safety, and well-being.
The evaluator’s role during a child custody evaluation is to provide an objective assessment of the family situation and offer recommendations based on the “best interests of the child,” the legal standard used by a judge when making decisions involving children. Generally, child custody evaluations are limited to high-conflict divorces or divorces where there are allegations of abuse, neglect, or other serious issues that may impact the well-being of the children post-divorce.
What to Expect during a Tennessee Child Custody Evaluation
After the court appoints someone to conduct the evaluation, the evaluator should contact both parents to explain the process and schedule interviews and observations. You will be interviewed separately from your spouse and will likely be asked about your relationship with the child, your parenting style, and whether you have concerns about the other parent. The evaluator may also go over your family history and ask if there have ever been any instances of domestic violence, mental illness, or substance abuse.
Depending on the age and maturity level of your children, they may also be interviewed during a child custody evaluation. The goal of these interviews is to gauge a child’s relationship with each parent, understand the child’s preferences, and get an idea of how the child feels about the divorce. If your children are still young, the evaluator may use play-based techniques and observe how your children interact with you and with the other parent.
The evaluator may also request documents, such as school report cards, therapy notes, or medical records as part of the investigation. In addition, an evaluator may conduct interviews with ancillary people in your children’s lives, including family members, teachers, therapists, and coaches, to get a better idea of the family dynamics and the relationship between your children and each parent.
The evaluator then prepares a report for the court along with his/her recommendations. The evaluator’s recommendations are intended to reflect what is in the best interest of the children and while the report is highly influential, it is not a binding decision. Most judges give significant weight to recommendations found in a child custody evaluation report; however, the judge retains the authority to adopt or reject those recommendations.
Contact a Murfreesboro Divorce Attorney
If you have additional questions about what to expect from a child custody evaluation during your Tennessee divorce, consult with an experienced Murfreesboro divorce attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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