Posted in Firm News
When parents in a divorce can’t agree on custody and the conflict is significant, Maryland courts sometimes need more information than either side’s attorney can provide. That’s where custody evaluations come in. A mental health professional with specialized training conducts an independent investigation of both parents, the children, and the family dynamic, then submits a report with recommendations to the court.
For many families going through high-conflict divorce, this process is one of the most consequential parts of the entire case. Understanding how it works before it begins matters.
When Maryland Courts Order a Custody Evaluation
Not every contested custody case requires a formal evaluation. Judges order them when they need an independent, expert perspective on what custody arrangement serves a child’s best interests, typically when:
- The parents’ accounts of the family situation are dramatically different, and the court needs help assessing credibility
- There are concerns about a parent’s mental health, substance use, or parenting capacity that require professional assessment
- A child is showing behavioral or emotional problems that may relate to the custody dispute
- Allegations of abuse, neglect, or parental alienation have been raised and need an independent investigation
- The parents have fundamentally incompatible views on what the children need, and neither side’s position can be evaluated without more information
Either party can request an evaluation, or the court can order one on its own initiative. Maryland courts can appoint evaluators under Maryland Rule 9-205.3, which governs the appointment and conduct of custody evaluators in family law proceedings.
Who Conducts the Evaluation
Custody evaluators in Maryland are typically licensed mental health professionals, often psychologists or licensed clinical social workers with specialized training in child development, family systems, and forensic evaluation methodology. Some evaluators are privately retained by the parties jointly. Others are appointed directly by the court.
The evaluator’s role is explicitly neutral. They don’t represent either parent, and they don’t advocate for any particular outcome. Their job is to gather information, assess the situation, and make recommendations based on what they believe serves the children’s best interests.
That neutrality is important to understand going in. Evaluators aren’t allies. Treating them as one, or trying to use the evaluation process to build a case against the other parent, tends to backfire.
What the Evaluation Process Actually Involves
A comprehensive custody evaluation typically includes several components conducted over weeks or months:
Clinical interviews with each parent. The evaluator meets separately with each parent, often multiple times, to understand their parenting history, their relationship with each child, their concerns about the other parent, and their perspective on what custody arrangement would best serve the children.
Observation of parent-child interaction. The evaluator observes each parent interacting with the children in a structured setting. These observations give the evaluator direct information about attachment, communication, and parenting style that can’t be captured through interviews alone.
Interviews with the children. Depending on age and maturity, the children are interviewed separately. Evaluators are trained to talk with children in age-appropriate ways that elicit genuine responses without coaching or leading. The children’s expressed preferences may factor into recommendations, particularly for older children, though preference isn’t the deciding factor.
Collateral contacts. The evaluator typically contacts teachers, pediatricians, therapists, coaches, and other significant people in the children’s lives to gather outside perspectives on how the children are functioning and what each parent’s involvement looks like.
Review of records. School records, medical records, therapy notes, prior court filings, and any relevant documentation about the family get reviewed as part of the evaluation.
Psychological testing. In some cases, particularly where mental health concerns are raised, the evaluator may administer standardized psychological assessments to one or both parents.
How to Approach the Evaluation Process
Being evaluated for custody in the middle of a contentious divorce is stressful. A few things are worth keeping in mind throughout the process.
Be honest. Evaluators are trained to detect inconsistency and exaggeration. A parent who presents an overly polished, one-dimensional account of the family situation tends to be viewed with more skepticism than one who acknowledges complexity and difficulty honestly.
Stay focused on the children. The evaluation is about what serves their interests, not about winning against the other parent. Parents who demonstrate genuine child-centered thinking tend to fare better than those whose responses consistently center on criticizing their co-parent.
Don’t coach the children. This is one of the most damaging things a parent can do during an evaluation, and evaluators are specifically trained to recognize it. Children who show signs of coaching, or whose statements don’t match their observed behavior or collateral information, raise serious red flags about the coaching parent.
A Bethesda high conflict divorce lawyer can help you understand what the evaluation process involves and how to present yourself authentically in a way that reflects your actual parenting strengths.
What Happens After the Report Is Submitted
The evaluator submits a written report to the court with findings and recommendations. Both parties receive copies. The evaluator can be called as a witness and cross-examined about their methodology, findings, and conclusions.
Courts give evaluators’ recommendations significant weight, but they’re not automatically binding. Judges retain ultimate decision-making authority and can deviate from recommendations when the evidence supports doing so. A skilled attorney can identify methodological weaknesses in an evaluation, challenge assumptions underlying the recommendations, and present countervailing evidence when the evaluation doesn’t accurately reflect the family’s reality.
Fait & DiLima Family Law represents clients in high-conflict custody disputes throughout Montgomery County and the Bethesda area. If you’re facing a custody evaluation as part of your divorce, reach out to a Bethesda high conflict divorce lawyer to understand what the process involves and how to approach it in a way that reflects your genuine commitment to your children.
