If you’re involved in a custody dispute, the Court may want to hear from a custody evaluator for the purpose of determining the children(s) best interest. So what is the “Best Interest” test, and how does it affect a parent’s right to custody of children? (See Family Code, Section 3011).
The judge looks at the relationship between the child and each parent, as well as the custody arrangement previously worked out by the parents, and whether or not it worked. Important is the ability of each parent to encourage a strong relationship with the other parent.
The fact that either parent has formed a new relationship is usually not a factor except if harmful to the child. Only if a child is old enough will a judge consider the preference of the child.
Assuming the parents have not worked out a parenting plan, the Court may wish to appoint an expert to assist in determining the best interest of the children. There are several different “types” of custody evaluations. California Rules of Court, Rule 5.220, states: “The uniform standards of practice for court-ordered child custody evaluations defines child custody evaluations, as follows:
(1) A “child custody evaluator” is a court-appointed investigator as defined in Family Code, Section 3110.
(2) The “best interest of the child” is defined in Family Code, Section 3011.
(3) A “child custody evaluation” is an expert investigation and analysis of the health, safety, welfare, and best interest of children with regard to disputed custody and visitation issues.”
(4) A ‘full evaluation, investigation, or assessment’ is a comprehensive examination of the health, safety, welfare, and best interest of the child.
(5) A ‘partial evaluation, investigation, or assessment’ is an examination of the health, safety, welfare, and best interest of the child that is limited by court order in either time or scope.
(6) ‘Evaluation,’ ‘investigation,’ and ‘assessment’ are synonymous.” (CRC, Rule 5.220 (c).)
There are two types of Custody Evaluations. First is the “Parenting Plan Assessment.” This lasts half a day, with parties bringing their children to court at 8:00 a.m., the evaluator meeting with parents and children, and then listening to collateral sources (doctors, teachers, friends, etc.) At 1:30 p.m., the evaluator testifies and the Court generally adopts the evaluator’s recommendations without modification.
The next type of Custody Evaluation is a Full Evaluation. This evaluation is usually ordered by the Court in a “move away” case. I have found the Parenting Plan Assessment is best when both parents are good, but one seeks more time with the children. This evaluation cannot be used when there are allegations of child abuse or alienation by either parent. Full evaluations should only be used in a move away or where there are allegations of abuse or alienation.
For more information about support and other family law matters, contact the Reape-Rickett Law Firm at 661-288-1000. They are located at 25152 Springfield Court, Suite 100 in Valencia.