When it comes to child custody cases, the court will apply the “best interest of the child” rule in rendering its decision or order. This means that the judge hearing a particular case involving child disputes will put into consideration all facts and circumstances that would best promote the interests or protect the rights of the children. Custody cases are quite complicated especially if both the father and mother are not in good terms. Both parties have the duty to present the necessary evidence in order to convince the court that they are entitled to the award of the custody. One of the most effective ways that parents may employ is to present the testimony of a child custody evaluator.
Who Is A Custody Evaluator?
He or she is a professional who, most of the time, interviews the parents regarding their relationship with the children. The interview may be made individually or together depending on the circumstances of each case. The said evaluator may also conduct interviews with the children involved in the case and other significant individuals who can give credible testimonies.
Moreover, the custody evaluator has the capacity to personally observe the activities and attitude of the child in certain situations. He or she can evaluate how the kids interact with the parents. At the same time, certain psychological tests may also be conducted in order to determine how the children feel with the current set-up of the family. From his or her observations, a report will be made that can be presented in court as evidence of one or both parties.
Who Pays For the Services?
It is highly recommended that both parents answer for the payment of the compensation of a court evaluator. This is to ensure that there is no conflict of interests. When a particular parent gives a higher share in the service fee of the evaluator, there is a tendency that the evaluator may be referred as the “hired gun” of the said party. The best way to avoid this is for both the mother and father to pay fifty percent of the compensation.
Is A Custody Evaluator’s Findings Conclusive?
The report of the custody evaluator will be submitted in court. Nonetheless, it must be noted that his findings are not conclusive in the courts of law. The judge hearing the case will still take into consideration other facts, circumstances and proofs attending each case. To guarantee that your rights are protected during the hearing for child custody, communicate constantly with your custody lawyer in Waukesha Wisconsin and ask for the updates.