Do You Need a Child Custody Evaluation in California? What Parents in High-Conflict Cases Should Know

For many California parents going through a divorce, issues involving child custody and visitation are the most emotionally charged and time-consuming aspects of the case. In fact, it is not uncommon for parents to spend more than half of their legal fees negotiating parenting plans, schedules, and decision-making authority. When disagreements persist despite repeated efforts to resolve them, the court may order a child custody evaluation.

A child custody evaluation is not routine, and it is not appropriate in every case. However, in high-conflict situations where parents cannot reach an agreement, and the court needs more information to determine what arrangement is in a child’s best interests, an evaluation may become an important tool. Understanding when custody evaluations are used, how they work, and what they mean for your case can help you make informed decisions during a difficult time.

What Is a Child Custody Evaluation in California?

A child custody evaluation is a formal investigation ordered by the court to assess what custody and visitation arrangement would serve the child’s best interests. A neutral professional conducts the evaluation, often a licensed mental health provider with specialized training in family law matters.

While every evaluation is different, custody evaluations generally involve a combination of information-gathering methods designed to give the court a fuller picture of the family’s situation.

These may include:

• Interviews with each parent.
• Interviews with the child or children, when appropriate.
• Observations of parent-child interactions.
• Review of relevant documents, such as school records or medical information.
• Input from collateral sources, such as teachers or therapists, when permitted.

The evaluator’s role is not to “pick a winner” between parents, but to provide the court with informed recommendations regarding custody and visitation based on the child’s best interests.

When Do Courts Order Custody Evaluations?

Courts generally reserve custody evaluations for cases involving prolonged and ongoing conflict. Judges recognize that evaluations can be expensive, intrusive, and emotionally taxing, especially for children. As a result, they are typically ordered only when other efforts to resolve custody disputes have failed.

A court may consider ordering a custody evaluation in situations such as:

• Repeated litigation over custody or visitation issues.
• Persistent disagreements where no compromise appears possible.
• Allegations that raise concerns about a parent’s ability to meet a child’s needs.
• A lack of sufficient information for the court to make an informed custody decision.

In these cases, a custody evaluation can help bring clarity and finality to disputes that would otherwise continue indefinitely.

Emergency Screenings in Santa Clara County

Santa Clara County has a unique procedure that parents should be aware of. In emergencies, the court may order an emergency screening conducted through Family Court Services.

Emergency screenings are limited in scope and focus only on whether an immediate issue exists that requires temporary court intervention.

These screenings may be ordered when the court needs to determine quickly:

• Whether a child faces an immediate risk of harm.
• Whether temporary custody or visitation orders should be modified.
• Whether new temporary orders should be established while the case proceeds.

Emergency screenings are not full custody evaluations and do not result in long-term custody recommendations. Instead, they allow the court to address urgent concerns while preserving the ability to make more comprehensive decisions later.

Brief Focused Assessments Versus Comprehensive Evaluations

Outside of emergencies, courts may order different types of custody assessments depending on the nature of the dispute. Understanding the distinction between these assessments can help parents better anticipate what may be involved in their case.

A brief focused assessment is typically used when the dispute centers on a narrow, specific issue.

These assessments may address matters such as:

• Where a child should attend school.
• How parenting time should be structured around a particular concern.
• Resolution of a single, clearly defined custody-related question.

A comprehensive child custody evaluation is much broader in scope.

These evaluations are generally reserved for high-conflict cases involving multiple unresolved issues and may include:

• An in-depth assessment of each parent’s parenting abilities.
• Examination of the overall family dynamic.
• Evaluation of factors affecting the child’s emotional, physical, and developmental needs.

Comprehensive evaluations provide the court with detailed recommendations intended to guide long-term custody and visitation orders.

Is a Custody Evaluation Right for Your Case?

Deciding whether to request or oppose a custody evaluation is a significant strategic decision. While an evaluation can provide the court with valuable insight, it also involves additional time, expense, and emotional strain for everyone involved.

Custody evaluations are often considered only after it becomes clear that:

• Negotiation and mediation have been unsuccessful.
• The conflict between parents is ongoing and entrenched.
• Children are being negatively affected by the lack of resolution.
• Court intervention is necessary to achieve stability and finality.

At Feak & Revelo, LLP, our San Jose family law attorneys approach custody evaluations thoughtfully and strategically. We do not view evaluations as a default solution, but rather as a tool that may be appropriate when prolonged conflict resolves through other means impossible.

How Our Attorneys Can Help You Navigate the Process

Whether a custody evaluation has already been ordered or is being considered, experienced legal guidance is critical. An attorney can help you understand what to expect, prepare appropriately, and ensure that the process remains focused on your child’s best interests.

Legal support during a custody evaluation may include:

• Advising whether an evaluation should be requested or opposed.
• Helping you prepare for interviews and evaluations.j
• Addressing procedural or evidentiary concerns that arise during the process.
• Advocating for fair consideration of the evaluator’s findings in court.

High-conflict custody cases are challenging, but with a clear strategy and steady legal guidance, it is possible to move toward a more stable outcome for your family.

If you are facing ongoing custody or visitation disputes and have questions about whether a child custody evaluation may be part of your case, contact Feak & Revelo, LLP at (408) 501-8883 or online today to speak with our San Jose family law attorneys about your options.