730 Evaluator Selection

The judge may select the evaluator and order the parties to contact the evaluator. Sometimes, however, the judge will ask the parties to submit a list of acceptable evaluators from which he or she will pick. At other times, usually through the help of the attorneys in the case who know various evaluators and their reputation in the community, the two sides will settle on an evaluator.

The choice will then be presented to the court and the court will usually approve it. However, the selection process can become tricky. This is because some evaluators are considered to be "neutral," while others may be seen as pro-father or pro-mother. Others are known for their thorough process, while still others may be seen as too hurried. Then there are those who take several months to complete an evaluation, and those who might do it in several weeks. Moreover, over time judges develop preferences for certain evaluators, so that the actual number of choices may narrow.

These considerations will be weighed by the two sides, and play into the negotiations that may take place either between the two attorneys, or alternatively during a court hearing. Of course, each side hopes to get the evaluator who they believe will be in their favor, and that may prolong the selection process.

Moreover, in some jurisdictions, there are so-called "psychiatric panels." In some cases the panel is comprised of several professionals who have applied to the court and have passed some screening. In other cases, the panel is simply a list of professionals who assert that they do custody evaluations and who have met the minimal legal requirements. These requirements include, but are not limited to, yearly updates in domestic violence.

To complicate matters, some attorneys want evaluators that are on the panel, others are adamantly set against using them and they prefer to use other evaluators in the community. Which evaluator should be used is a hard to say.

If you are a party to the proceedings and you get to have some say in the matter, you may want to get information about the evaluators you are considering. For instance, evaluators will willingly provide a copy of their resume to an attorney, thereby giving you the opportunity to learn something about them. You, or your attorney could also ask the evaluators some pertinent questions, thereby hopefully satisfying your needs.

As of 2004, all evaluators will need to qualify under the Family Code 3110 and will be required to file a declaration that they meet all the legal requirements for being a custody evaluator. As of 2002, the Judicial Council established requirements for training in custody related subjects. The education, experience, and training requirements to be specified for court-connected evaluators are to include knowledge of the psychological and developmental needs of children and parent-child relationships.

Under the new rule, all evaluators will be required to utilize comparable interview, assessment, and testing procedures for all parties that are consistent with generally accepted clinical, forensic, scientific, diagnostic, or medical standards. Evaluators will further be required to inform each adult party of the purpose, nature, and method of the evaluation.

In addition to the education, experience, and training requirements established by the Judicial Council, commencing January 1, 2005, no person shall be a child custody evaluator unless the person is:

Code of Civil Procedure, section 2032 requires that the professional conducting the evaluation have at least five years of postgraduate experience in the diagnosis of emotional and mental disorders.

In my experience, though, the courts have not always upheld that requirement, although that may be changing due to concern about obtaining quality evaluations.

Child Custody