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There may be an initial intake interview, followed by others that become more substantive. This is most common in a child custody evaluation. What if the parties do not agree with the 730 evaluator's recommendations? Split custody is an infrequent occurrence in the judicial system and occurs when two or more children in the household are split up between parents.

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However, if the parent does not typically go to church, he/she should not start going because this will appear deceptive to the evaluator. A 730 evaluator must evaluate the facts objectively and not have bias for or against either party. Write to: APA Ethics Office 750 First St, NE Washington, DC 20002 Telephone: 202-336-5930. We have written an article on the connection between domestic violence and child custody. Keep their interests and needs at the forefront, rather than your own. If you have any questions about today's post or any subject in family law, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. When making the decisions, the court is tasked with choosing a custody agreement that will serve the best interests of the children involved. You can find the code of ethics for the National Association of Social Workers at. If an evaluator has failed to use these standards, bring this to the court's attention. However, a custody evaluation done by a trained evaluator will carry a lot of weight in your case.

This includes communications between parents, legal documents, physical and mental health records, school records, criminal records, and any other documentation he or she deems important. If parents aren't able to agree on the custody of the children, a judge can order a custody evaluation. This type of custody is used when the court deems that it is in the best interest of the children to live separately each with a different parent. In a parentage case, the Family Court may order a psychological evaluation on child custody issues and/or a forensic accountant on child support issues. Such bias and incompetent handling should result in a challenge to the 730 evaluation process used and the recommendations. As mentioned, it would be best if the reviewer has extensive experience in evaluations, including experience with Parental Alienation Syndrome (PAS).

While not common, it is possible to have a second custody evaluation in a case or more. When psychologists are not conducting child custody evaluations per se, it may be acceptable to evaluate only one parent, or only the child, or only another professional's assessment methodology, as long as psychologists refrain from comparing the parents or offering opinions or recommendations about the apportionment of decision making, caretaking or access. Don't coach your children, though you can encourage them to practice what they would like to say. • Lack of reasonable alternatives for nursing child. The custody evaluator is a third party. It's ok to admit that you have made bad decisions or mistakes in the past, acknowledge the past and tell the evaluator how you have grown and changed. Ethics is an important part of any evaluation and an evaluator's violation of the above rules can cause the recommendations to become tainted with bias and/or incompetent handling. Consulting with other experts to develop information that is beyond the evaluator's scope of practice or area of expertise. They typically take from three months to a year. These should be things noted by the evaluator if they are causing problems with the children. It wouldn't hurt to look into the evaluator's credentials, criminal record and employment history.

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D) If the court determines that an unwarranted disclosure of a written confidential report has been made, the court may impose a monetary sanction against the disclosing party. Call around to different counselors, or the social service department to find out more information on this. Is one parent more able to provide for the basic needs of the child, including clothing, food, shelter, and medical care? Custody Evaluation & Investigation. In child custody cases, there may be limitations to what an Evidence Code 733 expert can testify about. This report may not be made available other than as provided in this subdivision. Be forthcoming with any questions you have. In Orange County, Los Angeles, and San Diego, the great majority of our child custody evaluators are psychologists. Different states use different factors to determine a child's best interests, however, common factors include the attachment a child has to each parent, stability of a child's environment and the parenting competence of each parent. Application: When performing child custody evaluations, psychologists attempt to obtain informed consent using language that is reasonably understandable to the examinee. To this end, they are encouraged to weigh and incorporate such overlapping factors as family dynamics and interactions; cultural and environmental variables; relevant challenges and aptitudes for all examined parties; and the child's educational, physical and psychological needs. Your child will view you and their other parent through the eyes of a child, not those of an adult. • Physical, psychological, and emotional needs of the child. If a custodial parent is not available for a child, or is engaging in behavior inappropriate in front of a child then frequently this will come out during the interviews with the children.

5) Request a forensic medical examination of the child from the appropriate agency, or include in the report required by paragraph (6) a written statement explaining why the examination is not needed. Family Code 3118 addresses a 730 evaluation where either parent has made an allegation of sexual abuse of a child or children. The Scientific Basis of Child Custody Decisions; Robert Galatzer-Levy et al. Make sure that you are holding the best interest of your child above all else. This includes making parenting decisions for important issues like education, health care, and religion. Please consult with an experienced family law attorney to understand the entirety of Family Code 3118. When an examinee possesses a cultural, racial or other background with which psychologists are unfamiliar, psychologists prepare for and conduct the evaluation with the appropriate degree of informed peer consultation and focal literature review. After all, if both spouses are W2 employees, there is rarely the need to determine income available for support because the pay stubs speak for themselves. 131-132), the substantial majority of legal authorities and scientific treatises still refer to custody when addressing the resolution of decision-making, caretaking and access disputes. Waiting to hear the outcome of your child custody case can be quite scary, but there are ways to get through the evaluation stage with ease. Provide contact information for people who know you and your family, and sign a release that allows the evaluator to contact them. Concerns about the following often prompt custody evaluations: - Domestic violence. B) The court finds that all the following criteria have been met: (i) There are no licensed or certified evaluators who are willing and available, within a reasonable period of time, to perform child custody evaluations; (ii) The parties stipulate to the person; and. • Who helps the child with school and extracurricular activities?

In some cases, you might feel as though you have been treated unfairly in the evaluation. Throughout your case, you may need to create a parenting plan, draft custody schedules, keep a log about interactions with the other parent, and more. You might feel that becoming closer to them or sharing personal information they don't need to know will help your case. Application: Psychologists are encouraged to monitor their own values, perceptions and reactions actively and to seek peer consultation in the face of a potential loss of impartiality. A child with special needs. The Child Custody Act provides that information contained in a Friend of the Court custody investigation report is admissible as evidence under most circumstances. • Shared interests of the child and non-custodial parent.

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One or both of parents retain him or her. 2) Review and summarize the child welfare services agency file. That require the assistance of an expert. The counsel also investigates what would be in the child's best interest.

The 730 evaluator will generally communicate with the parties during one or more interviews. This is where the work of skilled domestic counsel comes into play. Agree on a schedule and plan. Custody evaluators should also use scientific tests, such as measurements of attachment or drug addiction questionnaires, when appropriate. The Child Custody Act also authorizes the court to utilize a guardian ad litem, often an attorney appointed by the court to investigate and submit a report regarding the child's best interests. The specific nature of psychologists' involvement and the potential for misuse of their influence have been the subject of ongoing debate (Grisso, 1990, 2005; Krauss & Sales, 1999, 2000; Melton et al., 2007). A Rule 215 evaluation may be ordered at the request of either parent or the judge may order it. It's when one parent attempts to distort their child's relationship with the other parent through false claims and manipulation. Is one parent more likely than the other to utilize safety precautions such as a car seat or bicycle helmet? Legal custody involves decision making regarding the children's health, safety, education and general welfare. If the complaint is about ethics or licensing, contact the relevant state board, such as the Board of Behavioral Sciences or the California Board of Psychology. At the end, an evaluator makes recommendations for child custody and parenting time.

With sole legal custody, the parent who was awarded sole physical custody will have the right to make all necessary decisions for the child on their own. A significant part of Dixon & Moseley, P. C. practice focuses on family law, which is also known as "domestic relations. " Take all interactions with the evaluator seriously. An important aspect is child custody or with whom the child will live with and what visitation with the other parent will be like. Your counsel should make you feel comfortable and confident in the handling your case. EC 730 refers to Evidence Code 730.

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