The Family Court may order a court-appointed investigator or evaluator to conduct a child custody evaluation. The cases submitted to this process tend to be the “high conflict” cases where parents have a great deal of difficulty in either agreeing to or implementing a co-parenting plan following separation. In order to prepare for the investigation, it is important to review the rules applicable to it. Family Code, Section 3110, et seq., discusses the court’s power to order an evaluation, the qualifications of an evaluator, the appointment process, various procedural matters and special procedures for cases involving serious allegation of child sexual abuse. Anyone who is about to go through the process of an evaluation will benefit from a review of these statutes.
In addition to the Family Code, the California Rules of Court provide more detail about the process and, in particular, California Rule of Court, Rule 5.220, should be reviewed to understand what the evaluator will be looking at and what they are looking for.
The evaluator is specifically seeking to “…observe and consider each party in comparable ways and to substitute (from multiple sources when possible) interpretations and conclusions regarding each child’s developmental needs; the quality of attachment to each parent and that parent’s social environment; and reactions to the separation, divorce or parental conflict.”
Knowing what the evaluator is looking for is key in preparing and presenting yourself to the process.
If you would desire a copy of the applicable Family Code and the Rules of Court, or if you desire any information regarding child custody proceedings, please feel free to contact our office.
For more information about annulments and other family law matters, contact the Reape-Rickett Law Firm at 661-288-1000. They are located at 23929 West Valencia Boulevard, Suite 404 in Valencia.