Jean E. Schumer, LCSW, Ph.D., LLC

What is a custody evaluation, also known as a child-centered family evaluation, and why is one needed?

Custody evaluations, also known as child-centered family evaluations (CCE) assist the court in deciding matters relating to parenting time arrangements and legal custody when parents are unable to reach decisions in these areas on their own. These evaluations are also known as child-centered family evaluations or parenting time evaluations. CCEs are required by Oregon law to use the “best interests and welfare of the child” as benchmarks for determining child custody and parenting time (ORS 107.137). The term, custody, as used in family law, refers to who will have final decision-making authority over decisions including but not limited to, the child’s education, health care, and where the child lives. In this instance, custody refers to decision-making capacity rather than ownership. Dr. Schumer thus refers to these evaluations as child-centered family evaluations, or CCEs rather than custody evaluations.

The CCE is intended to ensure the best possible outcome for the child by providing the court a written report with recommendations based on an objective, impartial, and thorough assessment of parenting capacities and a child’s comprehensive needs. Ex-partners might use the evaluation recommendations to reach a settlement, but in the alternative, the judge can use the evaluation, along with all other testimony, to make an order for your family.

Are evaluations confidential?

Evaluations are not confidential. In a CCE, you and the evaluator do not have a "therapist-patient" relationship as you would in a mental health setting. Instead, all material gathered by the evaluator for the purposes of the evaluation is potentially discoverable (subject to examination) by attorneys on both sides, and the evaluator is subject to examination and cross-examination if the case goes to trial.

What types of recommendations might you expect?

I will make recommendations to the court about your family. These recommendations will fall into several categories including but not limited to, legal and physical custody, recommendations for further treatment if needed, and a recommended parenting time/visitation plan that outlines the time-share between parents and how they might deal with future conflict resolution. In some situations, a Parenting Coordinator, someone who is like a binding mediator might be recommended to work with you on an ongoing basis to learn to resolve future problems. There might be treatment recommendations for therapy for the parents or either parent and/or the children. When special problems exist, such as substance abuse problems, domestic violence, alienation of children, and others, there will likely be special recommendations focusing on those special issues. In some of those cases, there might be a recommendation for an updated evaluation after treatment or some period of time. Parenting classes might be recommended when they are needed to help parents improve their understanding of their child's needs. In the case of very young children, evaluators might recommend a re-evaluation as the child gets older and his/her needs significantly change.

How to approach your evaluation

My role as the evaluator is to understand as much about your family as possible. To do this, I will meet individually with each parent, with the child and parent, with the child(ren), I will speak with others who know you in your roles as parents, as well as health care and school professionals. You will be asked to fill out several detailed family history questionnaires before we meet, which will be sent to you via secure link and returned the same way. It is normal for parents to feel nervous during evaluations. Sometimes parents ask for advice or guidance. I am unable to provide this in my evaluator role. As an evaluator, I am cannot provide advice or guidance to parent litigants and instead must remain objective, impartial, and focused on the best interests of the child(ren), as described in ORS 107.137. Be prepared to be open and honest about your strengths and weaknesses and to do the same for your co-parent. Try to keep your focus on the needs of your child rather than your differences with your ex-spouse. Try to be open to various visitation/custody plans, even though you prefer a particular one. Discuss your evaluation with your attorney. If/when conflicts arise with the co-parent, during the course of the evaluation, I suggest you use a mediator or your attorneys to resolve the conflict and let the evaluator assess the impacts on your family and integrate into the findings if relevant to the proceedings.

What should you tell your child(ren)?

When I meet with children, I tell them that my job is to help their parents find ways to agree and cooperate about how to raise them. Similarly, you might tell your child(ren) that I am a talking doctor who is trying to understand as much about your family as possible, so that I can help the two of you learn to agree on parenting. Tell them that I will be wanting to learn as much as I can about them and their feelings, not just about the divorce and the two of you. Encourage your child to be open and talk about how he/she feels. Your child may want to know, if appropriate, that I have a playroom with toys, Legos, puppets and art supplies. It is important that parents not say anything in preparation of what they want the child(ren) to say as it is in neither the child(ren) nor parent’s best interest to do so.

When and how will you see the evaluation?

I believe it is best for evaluators, such as myself to give their observations and recommendations directly to parents, when feasible. This can be done with the parties and/or their attorneys jointly. When parents hear the evaluation results solely from their attorneys, there is a tendency to focus on the win-lose aspect of the case. Instead, when the evaluator meets with parents at the end of an evaluation, the evaluator can help parents stay focused on the child and his/her needs. It is important to help parents remain focused on the children and their needs at all stages of the divorce process and this is a good way to help maintain that focus subsequent to an evaluation. In conclusion, your evaluation, if approached correctly, can be a process which results in an opportunity for you and your ex-spouse to learn about how the two of you can work together on behalf of your children. Rather than being another anxiety provoking activity in the win - lose approach to your divorce, a child-centered family evaluation can guide you toward a healthier resolution.