Can I Request a Child Custody Evaluation?

Can I Request a Child Custody Evaluation?

The thought that your child could be unsafe with their other parent can feel unbearable, leaving you anxious and unsure of what steps to take. Maybe a friend, family member, or your attorney mentioned a child custody evaluation, and now you’re wondering what it means and whether you can request one yourself.

For years, our lead attorney at SAM LAW OFFICE, LLC has helped parents across the greater Chicagoland area who face these very fears. We know how real your worries are, and we are here to guide you.

The answer is yes. As a parent, you have the right to ask the court to have a professional review your child’s situation. This is especially important in situations when:

• Your child shows fear, anxiety, or reluctance to spend time with the other parent.
• There are concerns about abuse, neglect, or unsafe living conditions.
• One parent struggles with substance use or untreated mental health issues.
• Conflicts between parents are affecting the child’s emotional or physical safety.
• You want a neutral, professional assessment to give the court a clear understanding of your child’s needs.

Requesting a custody evaluation can provide a clearer picture of your child’s safety and well-being, and it gives the court the information needed to make decisions that truly protect your child. Let’s take a closer look to see if this is the right option for your family.

What Is a Child Custody Evaluation?

A child custody evaluation is an in-depth assessment conducted by a trained, neutral professional, such as a psychologist or social worker. The purpose is to give the court a clear, unbiased picture of the child’s needs and overall best interests. Evaluators examine parenting skills, each parent’s home environment, and the interactions between the parents and the child to provide a comprehensive recommendation.

Who Can Request a Custody Evaluation?

You, as a parent, can request a custody evaluation if you have serious concerns about abuse, neglect, or an unsafe environment. Your family law attorney may also recommend requesting one if disputes are intense or the allegations are serious. In some cases, a judge can order an evaluation on their own initiative, even if neither parent formally requests it, if they believe it is necessary to make a sound decision.

What Are the Signs a Custody Evaluation May Be Needed?

An evaluation may be necessary if a child reports being afraid, shows severe anxiety, or consistently refuses to visit the other parent. Other signs include physical evidence of neglect, such as poor hygiene, or indications of abuse. If you notice concerning changes in your child’s behavior or well-being related to their time with the other parent, it might be time to consider this step.

How Do I Request a Custody Evaluation?

You can request an evaluation by filing a formal motion with the court, which is a legal document asking the judge to order one. In this motion, you will need to submit supporting evidence and clearly explain your safety concerns. It is critical to document all incidents, conversations, and patterns of behavior that cause you to worry. Your attorney plays a key role here, helping frame the request to demonstrate why the evaluation is in your child’s best interests.

What Happens During the Evaluation?

The process is thorough and involves multiple steps, including interviews with both parents and, depending on their age, the child. The evaluator will also conduct home visits to observe parenting interactions and review important records like school reports, medical files, and police reports. Psychological testing may be used to assess the emotional and physical safety of everyone involved. The evaluator will consider past concerns, such as a history of neglect, abuse, or substance use.

How Quickly Can a Custody Evaluation Help My Child?

A custody evaluation is a longer-term process that can take several months to complete. If you believe your child is in immediate danger, you should not wait. Your attorney can help you seek emergency steps, like a temporary restraining order or an emergency custody order, to protect your child right away while the more comprehensive evaluation is pending.

How Much Weight Does the Evaluation Have in Custody Decisions?

Judges rely heavily on the findings from custody evaluations, especially when safety is a concern. The evaluator’s final report and recommendations are very influential. However, they are not final; the judge makes the ultimate decision about custody and parenting time. Your lawyer can help you interpret the report and, if necessary, clarify or challenge its findings in court.

Do What’s Necessary to Protect Your Child

Requesting a custody evaluation is a proactive step you can take to safeguard your child when you have serious concerns. The process requires careful documentation and strong legal guidance to be effective.

If you’re worried about your child’s safety or are unsure how to request a custody evaluation in Illinois, contact SAM LAW OFFICE LLC. Our experienced family law attorneys are here to protect your child and guide you through every step.