Legal Question in Family Law in California

Custody Evaluator's Obligations

I was wondering what a child custody evaluator is obligated to do if their schedule (the court ordered order of events to take place) says they are going to do a home visit with the parent and the child, but then they are told that they can't by the child's attorney/guardian ad litem. One home visit with the other parent and the child has already been done. Isn't it a prejudice or bias to not do a home visit with the parent and child since the other parent had one? It doesn't seem fair or right to me. The evaluator is saying they can interview the child at another location and not do a home visit, but still continue the evaluation. I want to know if this is a violation of my rights or anything and if I have to agree to it? If not, I am not going to and will insist that the home visit go on as planned and court ordered. This is not an issue with child abuse or sexual abuse or anything so there is NO risk to the child in still doing the home visit. Also, is it true that if the evaluator meets with one parent twice, they have to meet with the other parent twice b/c everything must be equal? My lawyer said that she hasn't come across this before and does not know herself. Just a basic answer to both would be greatly appreciated.thanks


Asked on 3/28/05, 1:30 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Custody Evaluator's Obligations

You need to consult to an attorney regarding this matter. Conducting an observattion of the child and the parents should ideally be conducted under the same conditions. However, there is no way to predict what affect your being jobserved with the child in a place other than your home. This could work to your favor. Refusing to proceed if the observation is not conducted in your home could result in an unfavorable impression on both the evaluator and the court. With the assistance of an attorney you could use this situation to your advantage regardless of the recommendation from the evaluator. An attorney that practices law in the court where the hearing will be held is best able to advise you in this matter.

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Answered on 4/05/05, 1:50 am


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