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#CUSTODY EVALUATION CAROL SCHWARTZ FULL#
#CUSTODY EVALUATION CAROL SCHWARTZ TRIAL#

The evaluator is not required to provide in the final recommendations a complete list of facts or legal factors on which the decision is based.

The evaluator is not obligated to provide either party with a copy of supporting documents submitted by other side during the evaluation process.

#CUSTODY EVALUATION CAROL SCHWARTZ FULL#

The custody evaluator is not obligated to record a full transcript of testimonies or provide the transcript to the other party.

Law does not explicitly guarantee a right for either party to hear another party's evaluation testimonies, so in some cases the opposite party cannot object during the evaluation testimony, even in cases when the objections would be permitted in Court testimonies.

Parents are not required to be sworn before the evaluation testimonies, unlike in court.

Since the custody evaluators hearings are not held in court, many rules of civil procedure and due process do not apply.

The parties may be requested to provide some documents to the Evaluator.

The evaluation may include testimonies, psychological tests, child–parent observations, additional evaluations by other professionals, etc.

The evaluation usually takes place at his/her office, not at a courthouse.

Custody evaluation held by mental health expert, not a judge.

There are significant differences between custody evaluation and a regular court procedure, such as: Also, Association of Family and Conciliation Courts publish guidelines that apply to the custody evaluators. The American Psychological Association publishes guidelines for custody evaluators. Įvaluation cost is normally established by the evaluator, but the parents can split the charges according to their court order. The partial or focused evaluation requires about 12–18 hours of investigation, interviews and report preparation. A "focused" evaluation " is an examination of the best interest of the child that is limited by court order in either time or scope.A full evaluation typically requires about 15–20 hours of the evaluator's time. A "full evaluation, investigation, or assessment" is a comprehensive examination of the health, safety, welfare, and best interest of the child.The Court can order either a full or a focused evaluation. Many states have laws that regulate the appointment of custody evaluators and procedures for evaluation.

#CUSTODY EVALUATION CAROL SCHWARTZ TRIAL#

If the issue of child custody is not settled before trial and the parents have serious concerns about each other's ability to parent the children involved, especially for the high-conflict cases, a child custody evaluation may be ordered by the court. When performing the custody evaluation, the evaluator is expected to act in the child's best interests. Custody evaluation (also known as "parenting evaluation") is a legal process, in which a court-appointed mental health expert or an expert chosen by the parties, evaluates a family and makes a recommendation to the court for custody matters, usually including residential custody, visitation and a parenting plan.