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There are a couple of options available to divorcing couples who cannot come to an agreement as to decision-making responsibilities for the children and parenting time. One is to have the court appoint a special advocate, who makes an investigation and prepares recommendations to the Judge. Another option is to request a custody evaluation. Custody evaluations are generally more involved than special advocate appointments, and depending on the case, may be more helpful in resolving the parties’ disputes regarding the care-taking of the children.
One major difference between a custody evaluation and a special advocate is that a custody evaluation must be performed by a licensed mental health professional. However, there is no requirement that a special advocate be a licensed mental health professional – in many cases, special advocates may be attorneys well-versed in the legal aspects of family law. The downside, though, is that a custody evaluation may be more expensive than a special advocate because of the professional licensing requirement.
Another difference is that if a custody evaluation involves an area outside the evaluator’s expertise, the evaluator is required to consult with a mental health professional who is qualified in that area. This may be particularly helpful in cases involving domestic violence, substance abuse, or other complicated mental health disorders.
Custody evaluations also often include psychological testing of both parents. The types of tests may vary from case to case, but the idea is to generate as much information as possible about the parenting styles of each parent. Furthermore, these tests also are helpful in assessing mental health issues, character, and intelligence of each parent.
The custody evaluator not only assesses each parent, but also looks at each parent’s personal development and the history of the marriage and the dynamics involved in the conflict between the parties.
If the parties still cannot reach agreement after the custody evaluation has been completed, the custody evaluator may testify in court. However, the court will not allow the custody evaluator to testify unless it has been shown that the person is competent in several areas, including knowledge and experience with divorcing families, parenting techniques and child development. Again, this is a more strict requirement than those imposed on special advocates.
Overall, a more involved custody evaluation rather than a special advocate appointment may be more appropriate for cases when there are unique mental health issues involved in order to best promote a healthy co-parenting lifestyle for both parents after the divorce.
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