Custody dispute evaluations

Currently, we use three main assessments or evaluation tools to assist in solving custody issues. First, and at the most basic level, courts use a Custody Neutral Assessment (“CNA”). However, this is not a true custody evaluation and is not designed to offer a specific custody recommendation. Rather, it is a diagnostic screening tool used to provide clinical impressions. It simply helps the courts, counsel and litigants identify issues. Unfortunately, too many practitioners use the CNA as a surrogate custody evaluation or recommendation because it is relatively inexpensive. They use it in place for a true custody evaluation, and expand its scope way beyond its intended purpose or utility. But by no means should it be substituted for a true custody evaluation when such an evaluation is needed.  Second, we use brief-focused evaluations (“BFE”) as an assessment tool with regard to a specific or limited problem. It is more than a screening tool, but less than a full custody evaluation. For example, if one spouse is getting remarried, a BFE can be used for the sole purpose of evaluating the effect of a remarriage on a child. Or it can be used when there is an allegation of domestic violence that compromises a parent’s fitness. Third, a full-fledged custody and parenting time evaluation (“CPTE”) is the most comprehensive assessment available AND provides an extensive recommendation for custody. It is usually performed by clinical psychologists and employs objective psychological tests. The CPTE also encompasses many interviews with the litigants and children in combination with each other and individually. However, the CPTE is also the most expensive tool, which can range from $5,000 – $10,000 or beyond. Yet when it comes to the children, I have found that many parents will want to do what is best for them and are willing to pay the amounts for a comprehensive report and analysis. For others, cost is most definitely a factor. Whichever of these three main tools the litigants use, they are all designed to be of assistance to counsel and the court and, most importantly, the children.

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