Child custody is a critical issue that arises when relationships end. It involves determining which parent will have the legal right to make crucial decisions for the child and where the child will live. In Minnesota, child custody is a complex legal matter, and custody evaluation is one of the most critical aspects of any custody dispute. Understanding the process and preparing accordingly is very important to success in these situations.

Types of Custody

Minnesota courts can award different types of custody. “Legal custody” refers to the formal power to make important decisions about the child’s life, including education, medical care, and religious upbringing. On the other hand, physical custody relates to the child’s residence. It’s also worth noting that in Minnesota, “child custody” often goes hand in hand with “parenting time,” which speaks about how much each parent spends with the child.

Factors Considered in Custody Evaluations

When determining the child’s best interest, the court considers many factors, including the parent-child relationship, the child’s preferences, the living arrangements of each parent, and the mental and physical health of both the child and the parents. The court also considers the ability of each parent to meet the child’s needs, the child’s adjustment to their current living situation, and the willingness of each parent to encourage and support the child’s relationship with the other parent.

The Custody Evaluation Process

A court-appointed evaluator, such as a social worker, psychologist, or psychiatrist, usually conducts child custody evaluations. Either parent can request a custody evaluation, or the court can order one. The assessment usually takes between 30 and 90 days to complete (depending on the provider’s availability), and it involves interviews with the parents and the child, psychological testing, home visits, and a review of relevant records.

The Child Custody Evaluation Interview

During the interview, the evaluator will ask questions about the child’s relationship with each parent, daily routine, preferences, and interests. They will also ask about the parent’s relationship with the child and their ability to meet the child’s needs. To prepare for the interview, parents should be honest and cooperative and avoid speaking negatively about the other parent. Parents should also encourage their children to talk honestly but avoid coaching them.

Psychological Testing during Custody Evaluations

Psychological testing is sometimes part of the custody evaluation process. The tests used are designed to assess the mental health of the parents and the child, in addition to their capacity for coping with stress and making decisions. Parents should get a good night’s sleep and arrive on time to prepare for psychological testing. They should also be honest and answer questions truthfully.

Home Visits during Custody Evaluations

Home visits evaluate the living situation and guarantee that the child’s fundamental requirements are addressed. Parents should ensure their home is clean and child-friendly to prepare for a home visit. They should also ensure that all necessary items, such as food, clothing, and bedding, are available. Parents should be ready to discuss their parenting methods when questioned.

Review of Records During Custody Evaluations

As part of the custody evaluation process, the evaluator will review relevant records, such as medical, school, and court documents. To prepare for this, parents should gather and organize all relevant records and provide them to the evaluator. Parents should avoid including irrelevant or confidential information in the documents.

Tips for Preparing for a Successful Child Custody Evaluation

  • Hiring an attorney: Hiring an attorney specializing in family law to guide you through the custody evaluation process is highly recommended. An experienced attorney can help you understand the process, prepare you for what to expect, and ensure that your legal rights are protected.
  • Being honest and cooperative: The most important thing you can do during a custody evaluation is to be direct and collaborative. The evaluator will look for any signs of dishonesty or uncooperativeness, which can negatively impact your case. Be open and truthful about your relationship with your child and the other parent and avoid speaking negatively about the other parent.
  • Putting your child’s best interest first: During a custody evaluation, focusing on your child’s best interest is crucial. The court’s primary concern is the child’s well-being, so parents should demonstrate that they are willing and able to prioritize their child’s needs and provide a stable and nurturing environment.

Contact a Minnesota Child Custody Lawyer

Custody evaluations are essential to any child custody dispute in Minnesota. The court considers many factors when determining custody, including the parent-child relationship, the living arrangements of each parent, and the child’s best interest. To prepare for a successful custody evaluation, parents should consider hiring an experienced Minnesota custody attorney, who can help them navigate these complexities. Call the experienced Minnesota custody lawyers at Heimerl & Lammers at (612) 294-2200 for a free consultation.