Experts (Part 2)

The Professional Evaluation

At some point prior to trial, the court may order you to undergo an expert evaluation. While the judge can order evaluations on its own initiative, the motion of one of the parties typically triggers it. In some jurisdictions, because of constitutional concerns, courts are reluctant to order the parties to submit themselves to such an evaluation absent a showing of good cause. This expert will evaluate both parents and will usually render an opinion, based on tests and expertise, about who will be the "better" parent to have primary custody.

Alternatively, where the court does not issue such an order to the parties, each party is free to hire experts to testify at trial. While an expert retained by one of the parties will not be able to opine about who should be the primary custodial parent, they can still add a great deal. For example, having evaluated you as a parent, your expert can comment on your mental health, personality, and positive parenting attributes. An expert can render an opinion about whether allegations of alcoholism or spousal abuse are likely to be true. If the permitted to evaluate the children, the expert can comment on your relationship with the them, their personalities and needs, and your ability to meet those needs, as well as on other matters pertaining to the dispute.

This online custody guide is adapted with permission from "Civil War: A Dad's Guide to Custody" (266 pages, softcover) - available in our online store.