Who Conducts the Evaluation
Custody evaluations are typically performed by a licensed psychologist or another qualified mental health professional appointed by the court, either by agreement of both parties or by court order. The evaluator is neutral. They do not work for either parent, and their obligation is to the court, not to either side of the case. The cost of the evaluation is usually divided between the parties under the terms of the court’s order, and it is a real expense that both sides should plan for rather than be surprised by.What the Evaluator Actually Observes
An evaluator’s job is to build a full picture of each parent’s home, parenting capacity, and relationship with the child, not to catch a single mistake. The process usually includes:- Individual interviews with each parent about parenting history, the child’s needs, and the family’s circumstances
- Interviews and, often, observation of the child, adjusted for the child’s age and developmental stage
- Home visits, to see the actual living environment each parent can offer
- Psychological testing, when relevant to the concerns raised in the case
- Collateral contacts, such as teachers, pediatricians, or therapists, who can speak to the child’s day-to-day life
- Review of relevant records, including school, medical, or prior court records
How the Report Is Used in Court
The evaluator delivers a written report to the court and to the attorneys for both parties, addressing the same best-interest considerations the judge must ultimately weigh under 23 Pa.C.S. § 5328. [2] Either party can cross-examine the evaluator on the report’s conclusions. A judge is not required to follow the evaluator’s recommendation, but in practice, these reports carry significant weight. A well-prepared parent going into the evaluation has a real head start on the case as a whole.What to Do During Your Evaluation
- Be honest and consistent. Evaluators are trained to notice inconsistency, and it damages credibility far more than an honest, unflattering answer.
- Keep the focus on the child. Talk about your child’s needs, routines, and relationships, not about your grievances with the other parent.
- Present your home as it normally is. A home that suddenly looks staged for one visit reads as exactly that.
- Follow through on logistics. Show up on time, keep appointments, and provide records the evaluator requests promptly.
What Not to Do During Your Evaluation
- Do not coach your child on what to say. Evaluators are specifically trained to recognize coached or rehearsed answers, and it can backfire seriously.
- Do not badmouth the other parent. Criticizing the other parent in front of the evaluator, or worse, in front of the child, tends to reflect poorly on the parent doing the criticizing.
- Do not turn the evaluation period into a performance. Sudden new activities, purchases, or routines that vanish once the evaluation ends are easy for an experienced evaluator to spot.
- Do not skip or reschedule repeatedly. Under Pa.R.C.P. 1915.8, a court can draw an adverse inference against a parent who does not comply with the evaluation order.
How Long a Pennsylvania Custody Evaluation Takes
There is no fixed statutory deadline for completing a custody evaluation. The court sets a case-specific timeline based on the evaluator’s availability and the complexity of the family’s situation, and straightforward cases typically move faster than ones involving multiple interviews, testing, or collateral contacts. Ask your attorney what timeline applies to your specific order.Frequently Asked Questions
What questions do custody evaluators ask in Pennsylvania?
Evaluators typically ask about your parenting history, your child’s daily routine and needs, your relationship with the other parent, any safety or mental health concerns, and your plans for co-parenting going forward. Questions are tailored to the specific concerns raised in your case.
What makes a parent unfit for custody in Pennsylvania?
Courts look for evidence of abuse, untreated substance abuse, an unsafe home environment, or a pattern of undermining the child’s relationship with the other parent. A single mistake rarely makes a parent unfit; evaluators and courts look for patterns that affect the child’s well-being.
What is the biggest mistake in a custody battle?
Treating an evaluation, or the case overall, as a fight to win rather than a process focused on the child. Coaching a child, badmouthing the other parent, or staging a home for a single visit tend to backfire with an experienced evaluator.
How long does a custody evaluation take in Pennsylvania?
There is no fixed statutory deadline. The court sets a timeline based on the evaluator’s schedule and the case’s complexity, and evaluations can run anywhere from several weeks to a few months.
Get Ready for Your Evaluation With Us
A custody evaluation is one part of a larger case, and how you prepare for it should fit into your overall strategy. Our child custody page covers the full Lancaster County custody process, from filing through modification.
At Lancaster Law Group, our family law attorneys help parents walk into a custody evaluation prepared instead of anxious.
Our Lancaster office is available for a confidential consultation. Call 717-358-0600 to get started today.
Sources
[1] Pa.R.C.P. 1915.8, Physical and Mental Examination of Persons | https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1915/s1915.8.html&d=reduce
[2] 23 Pa.C.S. § 5328, Factors to consider when awarding custody | https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053.028.000..HTM