A Family Evaluation is a legal process wherein a court-appointed professional assesses a family and makes a recommendation about who should be the custodial parent and an appropriate parenting plan for the family. This can occur either during your divorce or separation, or as part of a modification of that case.

What a Family Evaluation is:

A recommendation: The Evaluator's role is to assess the developmental needs of your children and your parenting capacity through a forensic interview process. This recommendation is provided to you and your attorneys confidentially. The goal is to use it as a tool to reach consensus on an appropriate final plan for your family.

What it is not:

Binding: An Evaluation is not binding because the Evaluator is not a Judge. The Evaluator's job is to make a recommendation for your family based on all of the information you share with them. If either parent does not accept the recommendation, a Judge will hear your case and likely view the Recommendation. Either parent may call the Evaluator to testify at trial.

What is the Focus of an Evaluation

The Evaluator's focus is solely on the best interests of your children. Each child is unique and has different emotional, social, developmental and physical needs. While children do not get to choose who they live with under Oregon law, an Evaluation is a way to give voice to a child's feelings and concerns without bringing them into the courtroom. A child's preferences are balanced against an assessment of the parent's capacity to meet their needs.

What Isn't the Focus of an Evaluation

The Evaluator will be making a recommendation on an appropriate living situation for your children, which requires an independent assessment of your parenting capacity for each individual child. However, the goal is never to judge a parent. An Evaluation starts with the presumption that both parents are capable of raising their children absent evidence to the contrary. There is no such thing as a perfect parent and the Evaluator's role is specifically to find out what is the best routine, placement, and schedule for your children to thrive within the currently existing family dynamics.

What to Expect From an Evaluation

An Evaluation starts with an order from the court, although you do not need to have an active, open case to get one. You should speak with independent legal representation about an appropriate order. The process includes a review of documents, such as social media accounts, text messages, and emails between the parents. The parents will sign Releases of Information allowing the Evaluator to request the file and confer with teachers, doctors, dentists, and therapists. Each parent can also provide a list of collateral contacts, who are people that can speak to their parenting relationship with a child. If there have been police and/or child abuse investigations, the Evaluator will have access to those files and interviews. An Evaluation includes forensic interviews of the parents and the children, depending on their age. The Evaluator will meet your family and view your home as part of the process. Sometimes the Evaluator will do additional home interviews for other primary locations for the children, such as grandparents' homes. The goal is to observe the children with you and get to know them better in a familiar, comfortable setting. Depending on the facts of the case, family members may also be referred to testing and evaluations for things like substance abuse and mental health concerns. The goal is to not stigmatize a parent, but to identify if there are gaps in their parenting capabilities which could be improved with services and treatment. The final written report will commonly refer individual family members to helpful follow up services, which can be as limited as a one-time parenting class or as comprehensive as a formal substance abuse disorder assessment. Once the Evaluator has collected all the necessary information, they will summarize their findings in a comprehensive written report which includes a detailed parenting plan. They will usually speak with the attorneys and often can assist in any resulting negotiations to finish your case with a final signed plan. If the parents cannot agree on the recommendation, they may ask the assigned Judge to decide in a trial. Either party may call the Evaluator as an expert witness to testify about their report.

Contact a Family Attorney Today

Divorce and separation is always difficult, and if you have young children it can feel nearly impossible. Both parents love their children and want to spend all their time with them. Both parents might think that only they can make decisions in their child's best interests. If the family cannot agree who should be considered the custodial parent for making decisions or an appropriate parenting plan with each parent, Family Evaluations can be an excellent tool in an emotionally wrought situation for an objective, neutral professional to investigate and assess the best interests of the children. After twelve years practicing family law and litigating hundreds of child custody cases, Katherine acquired her Masters in Psychology with an emphasis on child and adolescent development to perform Family Evaluations. While you may see them referred to as simply 'Custody Evaluations' in other places, Katherine's philosophy performing this work is to investigate the entire family dynamic and make holistic, whole family recommendations that elevate the individuals beyond the limited designation of which parent 'wears the Custody Hat.' An Evaluation conducted at Litowich Law is specifically directed at assessing the developmental needs of each individual child and providing an empathetic, realistic proposal for each parent's relationship with that child. Katherine has additional mediation training and is always happy to offer post-report services helping the parents negotiate through their attorneys to reach the final line coming up with a plan they agree on. If they cannot agree however, Katherine is more than familiar and comfortable in the courtroom because of her vast experience as a custody litigator. You should speak with independent legal representation if a Family Evaluation is an appropriate tool for your case.