The Role of Child Custody Evaluators in New York Divorces

Child custody evaluators serve an important function in New York divorces where children are involved. When parents are unable to reach a consensus, a child custody evaluator can assemble forensic evidence to help the court make an informed decision. The primary objective of a forensic evaluation is to assess the child’s emotional, mental and physical well-being and the capability of each parent to provide a nurturing environment.

State law requires that court-ordered forensic evaluations involving child custody and visitation be performed by a psychologist, social worker or psychiatrist who is licensed in New York State. Licensees must periodically receive training about child safety and the dynamics of domestic violence disputes.

The child custody evaluator conducts extensive investigations to determine the best interests of the child. Specifically, the evaluator does the following:

1. Interviews — Child custody evaluators conduct interviews with both parents, the child (depending on the child’s age and maturity) and any relevant third parties, such as teachers or healthcare professionals. They seek information about the relationships, living conditions and parenting abilities of each parent.
2. Home visits — Evaluators may conduct home visits to observe the living conditions and environment provided by each parent. This helps in understanding the child’s day-to-day experiences and whether the home is suitable for their well-being.
3. Review of relevant documents — Evaluators review documents such as school records, medical records and any other pertinent information that may shed light on the child’s needs and the parents’ ability to meet those needs.
4. Psychological and behavioral assessments — Evaluators may look for evidence of abuse, mental health issues, parental alienation and other problems relevant to the mental and emotional well-being of the parents and the child.
5. Recommendations — Based on their assessments, evaluators provide recommendations to the court regarding custody arrangements that foster the child’s best interests.

The final decision rests with the judge, who considers the evaluator’s findings and recommendations along with other relevant evidence. The court is not bound by the evaluator’s recommendations.

The use of child custody evaluators in New York divorces reflects the legal system’s commitment to making decisions that prioritize the welfare of the children involved. If you are engaged in a dispute over child custody or visitation, an experienced family law attorney can assist you in cooperating with the evaluator and in presenting arguments that are in line with the child’s best interests.

The Law Offices of Randy S. Margulis practices divorce and family law throughout greater metropolitan Buffalo, New York. Contact us online or call 716-886-9600 to schedule a free initial consultation.