When Will a Washington Court Order a Custody Evaluation?

The divorce process is inherently challenging, even when both parties agree to separate on amicable terms. Before you can end the marriage and move forward into your newly independent lives, you and your ex will need to make several decisions, and these conversations can turn heated and contentious. Arguments about property division, such as which spouse will remain in the family home, are common, as are disagreements about whether a spousal maintenance agreement is necessary. However, the most sensitive and emotionally-charged negotiations typically involve the future of your children. Parents may disagree about what’s best for their child in the wake of a divorce, and heated disputes about parenting time, holidays, decision-making, and other matters can become charged and difficult to work through together. When divorcing parents are not able to negotiate the terms of the parenting plan on their own, the Washington court can step in to oversee these determinations. 

It’s important to recognize that the Washington court prioritizes the best interests of the child as it makes any determinations. In some cases, a Washington judge may order what’s known as a custody evaluation to better understand the child’s circumstances and each parent’s ability to provide a safe and nurturing  home environment for the child. In situations where there are mental health concerns or complex family dynamics, the court may appoint a mental health professional to complete a child custody evaluation so that the judge can make more informed decisions about the terms of the parenting plan. It’s also worth noting that either parent may request an evaluator during the legal process. Since disputes involving your child can be highly emotional, seeking the support of an experienced and compassionate Seattle family law attorney can give you the trusted guidance you need to move through this process with greater clarity. This post will cover the court-ordered custody evaluation process and provide some tips for preparing for a custody evaluation in Washington state. 

Who Performs Child Custody Evaluations in Washington State?

In Washington, parenting evaluations are assessments that are requested by either parent or by the court to figure out a workable custody arrangement that best fits and sufficiently protects the child’s interests. These evaluations are performed by licensed psychologists who can conduct interviews and make observations to determine a supportive parenting plan and child custody arrangement. Either parent may select a psychologist to serve as the evaluator, as long as there are no prior connections between the family and the mental health specialist. The evaluator must be a neutral third party and show fairness and impartiality when interacting with all parties during this process. Parenting evaluations are most often used in divorce or family law cases where there are mental health concerns or complicated family dynamics that require clinical expertise. 

What’s Included in a Parenting Evaluation?

The purpose of a custody or parenting evaluation is to observe family dynamics and prepare a written report with recommendations that the judge can use to determine a parenting plan and make custodial decisions that support the child and protect their best interests. When emotional or behavioral concerns play a significant role in a family dispute, a psychologist or licensed mental health professional can be appointed by the court to conduct psychological testing, observe family interactions, and develop a clinical report with their recommendations. A typical parenting evaluation in King County involves the following elements.

Parent Interviews

The parenting evaluator will interview each parent to understand their parenting styles and philosophies, as well as their concerns and perceived strengths. 

Observations of Family Dynamics

The evaluator will spend some time observing each parent interacting with the child and with other family members to get a sense of the home environment and family dynamics. The evaluator will pay close attention to communication styles, conflict patterns, and other interactions so that the written recommendations can help the judge determine a successful parenting plan.

Psychological Assessments

In some cases, the custody evaluator may give psychological assessments to the parents or the child, looking for any indications of emotional or mental health concerns that should be considered when establishing a parenting plan.

Review of Therapy or Medical Records

In situations where a parent’s mental health may be of concern, the parenting evaluator may examine this individual’s therapy or medical records to better understand their condition and needs. Anything that can provide insight into more complicated and nuanced parenting and family dynamics can be useful when establishing a parenting plan. 

Understanding the Steps of a Custody Evaluation in Washington State

Once you obtain the court’s approval (or receive a court order) to involve a custody evaluator, you can research available licensed psychologists or mental health professionals to serve in this capacity. When you find someone to fulfill this role, you will need to help them understand the details of the situation so that they can begin the process. Here are some of the key steps you can expect to move through as you navigate the parenting evaluation process in Washington state.

Fill Out the Intake Forms

The parenting evaluator will likely send both parents an intake form that asks them for information and details about themselves, the child, and their family history. These forms are usually detailed and take a considerable amount of time to complete. The evaluator may also ask for access to all the documents that have been filed with the court so far, as these can provide additional details about the case. 

Participate in Interviews and Observations

Next, the custody evaluator will ask you to participate in a series of interviews, undergo psychological testing or evaluations, and observe you in your home environment (as well as any other environments that can give them insight into the dynamics of your family). During this phase of the evaluation process, the evaluator will also interview the child and talk to various providers (such as therapists, doctors, or teachers) who can provide information that’s applicable to your case. 

The Evaluator Creates and Files a Written Report

Once the evaluator has completed the interviews, observations, and assessments, they will issue a written report that summarizes the information and provide their recommendations for a parenting plan that would best suit the family dynamics and interests of the child. The evaluator will hand this written report and recommendations to the court for the judge’s review.

How Parenting Evaluators Make Recommendations to the Washington Court

When the parenting evaluator has gathered enough information from interviews, observations, and testing results, they will review the details and create a written report that organizes and interprets their findings. A key component of the written report is their professional recommendations that they make based on the information they gathered and their expertise in the field of family psychology. Like the Washington court, custody evaluators prioritize the best interests of the child when making their recommendations, seeking to establish a parenting plan that supports the child as much as possible while taking into account the complex family dynamics that are at play. Judges rely heavily on these written reports and recommendations when making decisions about parenting plans and custodial arrangements, as they trust the professional expertise of the evaluators and their commitment to looking out for the best interests of the child. 

Preparing For a Custody Evaluation in Washington

The prospect of having a third party interview and observe you and your child can be intimidating and stressful. While you may be hesitant to participate in the custody evaluation process, it’s essential that you make an effort to be your honest and authentic self. The last thing you want is for the evaluator to form an inaccurate impression of you as a parent, which could heavily influence the outcome of the parenting plan. Here are some tips to help you prepare for an upcoming parenting evaluation with greater understanding and ease.

Honesty is Critical

Be honest with the evaluator and answer their questions truthfully and accurately. Inconsistent responses or conflicting information can undermine trust and make it harder for the evaluator to make recommendations that best support the needs of your family.

Prioritize Your Child’s Best Interests

During contentious divorces, it may be tempting to vent about the other parent and criticize their parenting skills. However, it’s best to avoid focusing on their flaws, turning instead to how you can support your child’s needs and help them adjust to life after the divorce is finalized.

Organize Documents and Records

The custody evaluation process involves many written and electronic documents, so it’s helpful to start organizing these records for a smoother process. Organize medical records, parenting schedules, report cards, and other documents so that you can move through the evaluation process more efficiently. 

Seek Support As Needed

Family law disputes can be upsetting and disruptive. It’s important to find ways to support yourself and your child through this challenging time. Enlisting the guidance of a trusted Seattle custody lawyer can provide you with the support you need to keep moving forward. 

FAQs About Custody Evaluations in Washington State

Is a custody evaluation the same as a GAL?

No. While both are court-appointed professionals, a GAL (Guardian ad Litem) is used in cases involving child safety issues (i.e., abuse, neglect, substance abuse) and a parenting evaluator is used in cases with mental health concerns or complex family dynamics.

Can I refuse a court-ordered custody evaluation?

No, refusing to participate in a custody evaluation carries serious legal consequences. 

Get Started With a Trusted Seattle Family Law Firm Today

If you are grappling with a custody dispute in Washington state, you need reliable and effective legal guidance to help you achieve a fair outcome. At the Hemmat Law Group, our highly experienced team of dedicated family law attorneys is ready to work with you to identify the most strategic course of action that protects the best interests of your children. Please reach out to our Seattle office today by calling (206) 682-5200 to get started with a trusted and caring family law attorney.