Most New Jersey custody cases don't require a custody expert. But when parents have a serious disagreement about what parenting arrangement is best for their children, an expert evaluation can sometimes become an important part of the case.
If someone tells you that your case may require a custody evaluation, you probably have a lot of questions. Who is this person? What are they evaluating? What will they ask your children? And perhaps most importantly, does the expert get to decide who receives custody?
Let's start with that last question. No.
In a New Jersey custody dispute, a mental health professional may sometimes be asked to evaluate the parents, children and family circumstances and provide an expert opinion concerning custody or parenting time.
Depending upon the case, the expert may be appointed by the court or retained as permitted during the litigation. The purpose isn't to determine which parent is the "better person." The focus is supposed to be on the best interests of the child. That distinction matters.
A custody case isn't a contest to determine which spouse behaved better during the marriage. The important question is what parenting arrangement is appropriate for the child based upon the facts of that particular family.
There isn't one identical process used in every case. The scope of an evaluation depends upon the issues the expert has been asked to address and the circumstances of the family.
An evaluator may interview each parent and, when appropriate, the children. The expert may observe interactions between parents and children and review relevant records and other information.
The evaluator may also consider issues such as each parent's relationship with the child, the child's needs, the parents' ability to communicate and cooperate, the stability of the proposed home environments and other circumstances relevant to custody and parenting time.
The goal is to gather enough reliable information to provide a professional opinion concerning the issues the evaluator has been asked to address.
This is particularly important. A custody evaluator performing a neutral evaluation isn't supposed to be an advocate for Mom or Dad. The evaluator's job is to assess the family circumstances from a nonpartisan perspective and focus upon the child's best interests.
That's very different from your divorce lawyer's role.
Your lawyer represents you. A neutral custody evaluator doesn't.
Clients sometimes have difficulty with that distinction because they're accustomed to thinking that everyone involved in their case is either "on my side" or "on my spouse's side."
That's not how a neutral custody expert is supposed to approach the evaluation.
New Jersey law identifies a number of factors courts consider when determining custody.
Those include the parents' ability to agree and communicate concerning the child, their relationships with the child, the child's needs, the stability of the home environment, the parents' fitness, the child's education and other circumstances affecting the child's best interests.
A custody evaluator may consider those factors along with other information relevant to the particular case.
If there are allegations involving domestic violence, substance abuse, serious parental conflict or other concerns affecting the child, those issues may also become important depending upon the scope of the evaluation.
But don't assume that an evaluator is simply searching for something wrong with one parent. The purpose is to understand the family and provide a professional opinion that may assist the court.
No. This is one of the most important things to understand. A custody expert can provide opinions and recommendations, but the expert doesn't decide your custody case. The judge does.
The expert's evaluation may become important evidence, and the expert may potentially testify and be questioned about the opinions expressed. But the ultimate responsibility for deciding custody remains with the court if the parents cannot reach an agreement themselves.
Not every custody case involves one jointly selected or court-appointed expert. Depending upon how the case develops, the court may be presented with differing expert opinions. That doesn't mean the judge simply chooses whichever expert seems more persuasive at first glance.
The opinions can be examined through testimony and questioning. The evaluator's methods, information considered, reasoning and conclusions may all become relevant. This is one reason custody litigation involving experts can become considerably more complicated and expensive.
One of the biggest mistakes you can make is treating a custody evaluation like an audition. Don't walk into it trying to create the image of a perfect parent while spending the entire evaluation explaining everything that's wrong with your spouse.
Be truthful. Answer the questions you're asked. Provide relevant information. And remember what the evaluation is actually about. Your child.
If you have legitimate concerns about the other parent, discuss them honestly and specifically. Concrete facts are much more useful than labels and broad accusations.
A custody evaluation can feel incredibly personal because someone is examining your family, your parenting and some of the most important relationships in your life. But understanding the evaluator's role can make the process considerably less mysterious.
The expert gathers information and provides professional opinions. Your attorneys advocate for their clients. And if you and your spouse cannot resolve custody yourselves, the judge ultimately decides what arrangement is in your child's best interests.
If you're trying to understand custody, parenting time and the other decisions involved in a New Jersey divorce, my free Divorce Smarter Course will help you understand the process before making important decisions.
Until next time,
Steve