Signs of a bad custody evaluation can be sometimes very noticeable for parents and their attorneys right after the child custody report is provided. We have discussed what is child custody evaluation in page child custody evaluation.
Signs of a bad custody evaluation – is your evaluator biased?
Child custody evaluators should be unbiased, but in reality, you would say life is not always perfect. It is important to understand that the parent’s improper behavior and improper answers to the child custody evaluator’s questions would trigger the report in the favor of another parent.
Signs of a bad custody evaluation – consequence of parent’s improper behavior
1.Prepare and provide intake answers without delay with all supporting documents.
One of the first things parents need to do with a child custody evaluator is timely preparation and provide the answers on the intake form with all paperwork and information requested. Some parents are delaying the response or providing partial information. What would result from that The first impression about you is that you are too busy to prioritize the time for your child and irresponsible parent?
2. Get in control of your emotions.
important is get in control of your emotions. If you are litigating a divorce ( paternity) then you were not able to reach an agreement with each other you are definitely don’t have a good feeling toward each other. The last things you want to do it express to your evaluator anger toward your ex-spouse or another parent.
3. Avoid negative comments about your ex-spouse or another parent.
This point is related to #2 comments, when you are frustrated with someone you would like to say how bad this person is. This is not a good time to do it during a child custody evaluation if you do not want to see signs of a bad custody evaluation. Please be sure to understand this comment correctly. If you have specific facts related to the behavior of the other parent, your attorney needs to address that in your moving papers and the child custody evaluator will be asking you specific questions related to those instances without providing your opinion regarding how bad the other parent is.
4. Be truthful and specific in your answer.
When the child custody evaluator is asking you a question, be sure to provide as specific an answer as possible without “going around the bush”. Remember, a child custody evaluator is trained and experienced in dealing with similar types of issues and if she is asking your something and you are trying to avoid the direct answer, it could be a sign you are not honest and hiding unfavorable for you facts. Do not afraid to admit some of your week parts and you can definitely point on strange you are welcome So when you see signs of a bad custody evaluation that a result of your improper behavior during evaluation.
5. Put upfront children’s best interest and well-being
Very often when the child custody evaluator is asking how would you feel about proposed custody time share the parents start talking about what they want and what is convenient for them. Such a self-fish approach would make you see signs of a bad custody evaluation
You must talk from the perspective of your child best interest and well-being, at least create the appearance that you are if favor of continuance and systematic contact with both parent, but it would be better for the kids to stay with you in … certain days certain time for the following reasons… ext.
6. Do not encourage children to tell anything bad about the other parent.
Remember that your child custody evaluator is a trained mental health professional and she / he knows how to ask the questions and can figure out what is the answers is coming from and whether the child has been influenced. Also, remember everything from child custody evaluation is reported and recorded, so it can prove that you are influenced children trying to alienate them from the other parent you can lose child custody.
We have deviated from the main topic signs of a bad custody evaluation with the tips on how to prepare for child custody evaluation because it is important to keep in mind that you are the one who can create the initial problems for a child custody evaluation.
Signs of a bad custody evaluation in the evaluation report
What if despite your proper behavior and proper answer, the child custody evaluation report shows signs of a bad custody evaluation. Specifically
- The child evaluator is not addressing the facts your attorney (or you if you are emphasizing attention to)
- The conclusions and recommendation are not supported by the proper fact and there is no connecting links or information that led to their recommendations
If there is a strong reason to believe that your child custody evaluator provided unfair recommendations, your attorney might consider filing a motion to strike the recommendation and disqualify your custody evaluator. You need to be aware that it is not an easy process to challenge a child custody evaluator for bias. A child custody evaluator must meet requirements to qualify as a court-appointed evaluator under the California Rules of Court, Rule 5.220. If the evaluator did not comply with Rule 5.220 he may not be removed or a child custody report should be excluded at trial. There are some other methods to deal with signs of a bad custody evaluation we will be discussing in a separate post.
The purpose of this post was to warn you to be careful in the first place with the child custody evaluation process. Child custody evaluation in Los Angeles Superior Court called Parenting Plan Assessment. In Orange County Superior Court child custody evaluation sometimes refers as 730 Evaluation,
The questions your child evaluator will be asking you are depending on the specific situation of your case. Our office is usually preparing our clients for the child custody evaluation process.
Recognizing and Addressing a Flawed Custody Evaluation in California
Child custody evaluations play a critical role in determining the best interests of the child during custody disputes. However, there can be instances where the evaluation may be flawed or biased. Recognizing and addressing these issues is vital to ensure a fair outcome.
Additional Signs of a Bad Custody Evaluation
Lack of Comprehensive Evaluation A thorough custody evaluation should include multiple sources of information, such as:
- Interviews: Both parents, the child, and other relevant individuals (e.g., teachers, doctors).
- Observations: Direct observation of parent-child interactions in various settings.
- Collateral Contacts: Input from third parties who have observed the parent-child relationship.
If the evaluator fails to gather comprehensive information from these sources, it may indicate a biased or incomplete evaluation.
Inconsistent or Unsupported Conclusions A bad custody evaluation often contains conclusions that are not supported by the evidence. Look for inconsistencies such as:
- Contradictory Statements: The evaluator’s conclusions do not align with the information gathered.
- Lack of Specific Examples: The report lacks specific examples or evidence supporting the conclusions.
- Biased Language: The report uses biased language that favors one parent without proper justification.
Ignoring Key Evidence An evaluator must consider all relevant evidence. Signs that key evidence has been ignored include:
- Exclusion of Critical Documents: Important documents such as medical records, school reports, or police reports are missing.
- Failure to Address Allegations: The evaluator does not address serious allegations such as abuse or neglect.
- Selective Reporting: Only negative aspects of one parent are highlighted while ignoring positive aspects or negative aspects of the other parent.
Addressing a Bad Custody Evaluation
Requesting a Review or Re-Evaluation If you believe the custody evaluation is flawed, you can request a review or re-evaluation:
- Motion for Re-Evaluation: File a motion requesting a new evaluation by a different evaluator.
- Independent Expert Review: Hire an independent expert to review the evaluation report and provide a professional opinion on its accuracy and fairness.
Legal Remedies Several legal remedies are available to address a bad custody evaluation:
- Motion to Exclude the Evaluation: If the evaluation is severely flawed, your attorney can file a motion to exclude the evaluation from being considered in court.
- Cross-Examination of the Evaluator: During the hearing, your attorney can cross-examine the evaluator to highlight inconsistencies and biases in their report.
Ensuring a Fair Evaluation Process
Selecting a Qualified Evaluator Choosing a qualified and unbiased evaluator is crucial. Ensure the evaluator meets the requirements outlined in California Rules of Court, Rule 5.220. These requirements include specific training and experience in conducting custody evaluations.
Preparing Thoroughly for the Evaluation Proper preparation can significantly impact the outcome of the evaluation:
- Documentation: Provide all relevant documentation promptly and ensure it is complete and accurate.
- Behavior: Maintain appropriate behavior and communication during interactions with the evaluator.
- Professional Guidance: Work with your attorney to understand the evaluation process and how to present your case effectively.
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