Child Custody Evaluations: What You Should Know in San Diego

Child Custody Evaluations in San Diego: What You Need to Know

Posted January 21, 2024

Need help navigating a child custody dispute in San Diego? Understanding the role of child custody evaluations can be crucial to ensuring the best interests of your child are represented in court.

When parents cannot agree on a child custody and child sharing plan, either parent may file a Request for Order (“RFO”) with the Family Court. In San Diego, the filing of a request for custody and visitation orders automatically triggers the scheduling of (1) an appointment with Family Court Services (“FCS”), known as the Family Court Services Recommending Counseling, and (2) the Court hearing date regarding the issues detailed in the RFO.

Without further requests by either party, the Court will schedule the hearing for either 20 or 40 minutes, during which the Court will listen to each parent’s argument before it makes orders. Generally, these 20/40-minute hearings involve each parent and the Judge, only, and argument is based on a recommendation filed by FCS. We previously discussed FCS here.

In much more complex, high conflict, child custody and visitation disputes, one parent might request the Court make an order appointing an expert to perform a “Child Custody Evaluation,” adding an additional time-intensive and expense process that, theoretically, will provide the Court with a deep dive analysis of each parent, the children, and the allegations of each parent. The purpose, always, is to ensure the well-being of the children involved.

What are Child Custody Evaluations?

Child custody evaluations are comprehensive investigations conducted to gather information about the parties involved in a child custody dispute. These evaluations aim to provide the court with an unbiased and thorough understanding of the family dynamics, each parent’s ability to meet the child’s needs, and the overall environment in which the child would thrive.

The expert’s work will likely involve interviews with each parent, the children, and any relevant collateral contacts proposed by the parents or ordered by the Court. The interview may occur in the expert’s office, at each parent’s home, and/or other locations. The expert may review school records, medical records, and any other relevant documents to gain insights into the children’s life. The main focus of many parents is psychological testing to assess the mental health of the other parents (poor mental health is often a main claim in high conflict custody proceedings)

The primary goals of a CCE are to:

Assess each parent’s ability to meet the child’s physical, emotional, and psychological needs.
Evaluate the overall environment in which the child would thrive.
Identify any potential risks or concerns regarding the child’s well-being.
Provide the court with an unbiased and thorough understanding of the family dynamics.

Why Child Custody Evaluations are Important and How they Help San Diego Courts Make Decisions:

Functionally, FCS is unable to perform more than a superficial review of the parents’ arguments and circumstances because FCS is limited to a short interview with each parent, and sometimes with the children and collateral contacts. FCS does not review evidence or perform expert analysis.

In high conflict parenting disputes, FCS might not be sufficient to properly inform the Court of the children’s best interests. A child custody evaluation provides the court with the in-depth understanding of the family dynamics and the child’s needs that FCS is unable to provide. The primary objectives include determining the best interests of the child, providing the Judge information to make informed decisions about custody arrangements, visitation schedules, and any necessary restrictions or conditions, reducing conflict between parents, and promoting resolutions that prioritize the children’s welfare.

Key Benefits of Child Custody Evaluations in San Diego:

In-depth Analysis: CCE’s offer a more thorough assessment of the family situation compared to FCS.
Expert Insights: Mental health professionals provide expert analysis of the child’s best interests.
Reduced Conflict: CCE’s can help parents reach agreements during mediation.
Informed Decisions: Courts can make better-informed custody decisions based on the CCE’s findings.
Child’s Welfare: CCE’s prioritize the child’s well-being and promote resolutions that support their best interests.

How are Child Custody Evaluations Used?

In addition to a custody evaluation being used by the Court, they may be used to influence settlement during mediation by facilitating discussions between parents. Often, a final draft of a child custody evaluation will make one or both parents re-think their arguments and decide to settle a case.

Who Performs the Evaluations?

Child custody evaluations are typically conducted by licensed mental health professionals, such as psychologists or social workers, with expertise in child development, family dynamics, and forensic psychology. The court may appoint an evaluator, or the parties involved may choose a mutually agreed-upon professional.

In California Family Law cases, child custody evaluations serve as a vital tool to ensure that the court’s decisions align with the best interests of the child. By providing a comprehensive understanding of the family dynamics, these evaluations contribute to informed decision-making, conflict resolution, and ultimately, the well-being of the children involved. As parents navigate the complexities of child custody disputes, understanding the role and significance of evaluations can be instrumental in achieving fair and just outcomes.

If you are facing a child custody dispute in San Diego, understanding the role and significance of child custody evaluations is essential. Contact our experienced family law team at Naimish & Lewis to discuss your rights, responsibilities, and options regarding child custody evaluations and other family law matters. We are here to guide you through the process and advocate for the best interests of your child.

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.