This page is NOT legal advice and is provided for informational purposes only.
If we can’t agree on a parenting plan, how does the court make a custody order?
When parents can’t agree on a parenting plan on their own or with the help of a mediator, the judge will make a decision about child custody at a hearing. The judge may order a child custody evaluation to assist in this process. A parent can also ask for an evaluation.
What is a child custody evaluation?
It is an investigation and analysis of the health, safety, welfare, and best interest of the child.
What kind of evaluation will be done?
Dr. Lichtenstein will follow the court order by investigating and making recommendations that address the issues raised in your case. For example, the court might order Dr. Lichtenstein to make a recommendation about these and other issues: legal custody, physical custody, visitation, supervised visitation, safety issues, counseling, and custody modifications.
How do the parents select an evaluator?
It is important to select a qualified evaluator, such as Dr. Lichtenstein. He meets all the education and training requirements of the California Rules of Court, follows the model Standards of Practice for Child Custody Evaluations of the Association of Family and Conciliation Courts (AFCC), and is knowledgeable regarding the local rules of court on custody evaluations.
How do I select Dr. Lichtenstein as an evaluator?
You may discuss Dr. Lichtenstein’s appointment with your attorney and propose his appointment to the other party. If both sides agree to proceed, a conference call with all parties and counsel may be helpful to discuss Dr. Lichtenstein’s availability and scheduling.
What will Dr. Lichtenstein do?
Dr. Lichtenstein will conduct a full or limited scope investigation. He may do all of the following as part of his investigation:
- Review documents related to custody, including local police reports and juvenile court records;
- Review the child’s medical, dental, mental health, and other health-care records and school and educational records;
- Observe parent-child interaction and interview parents, the child, the child’s family members, and others who have had contact with the child;
- Interview professionals who have provided care for the child;
- Conduct psychological testing of the parents; and
- Consult with other experts.
Will Dr. Lichtenstein speak with our child?
Depending on the child’s age and maturity, Dr. Lichtenstein may consider observing and talking with your child.
How long will the evaluation take?
The time frame varies depending on the kinds of issues Dr. Lichtenstein investigates. Dr. Lichtenstein will provide you with a written explanation of the process, which will describe the time frame for gathering and analyzing information for the evaluation.
What do I need to do after the court appoints Dr. Lichtenstein to conduct the evaluation?
- Follow the court order about initial contact with Dr. Lichtenstein.
- Promptly provide all requested documents and information to Dr. Lichtenstein and to the other parent at the same time.
- If requested, sign release forms to all Dr. Lichtenstein access to documents and the child’s care providers.
- Fully cooperate with the evaluation.
Who pays for the evaluation?
Fees and costs for the evaluation are often paid by the parents; however, sometimes the courts pay for evaluations. Your order should state who is responsible for paying for the evaluation.
What happens after Dr. Lichtenstein completes his investigation?
Generally, the court orders Dr. Lichtenstein to file a confidential written report about the evaluation. You or your attorney and any attorney appointed for the child will receive a copy of the confidential report at least 10 days prior to any custody hearing. You and the other parent may agree to the recommendations in the report and those provisions may be incorporated into a Stipulation and Order for a global custody settlement. Alternatively, the court may consider the report and receive it as evidence during a contested hearing/trial.
What is the purpose of a custody evaluation report?
- Provides specific recommendations to the court that are clearly tied to the information in the report.
- Provides specific and clear recommendations related to the court’s referral questions.
- Provides an accurate and fair report that includes only that information that is relevant to the issues identified by the court for evaluation.
- indicates each parent’s strengths, without minimizing any concerns related to the best interests of the child.
Can I share the child custody report?
The child custody evaluation report is confidential. A court can order a fine for an unwarranted disclosure of the child custody evaluation report.
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