In some cases, the Court will order a Custody and Parenting Time Evaluation. Evaluations assist the Court in making a custody and parenting time decision in cases where the parties are unable to agree on their own.
Evaluations are focused on the child's needs above all else. Whereas divorces and custody battles often become adversarial and focused on the arguments between the parties, the evaluation process is designed to evaluate and articulate the needs of the child or children, and to focus on the children's best interests.
Oregon uses the standard of the "best interests and welfare of the child" in determining legal custody and parenting time arrangements. The specific issues the law requires evaluators to address are contained in ORS 107.137.
These statutory considerations will be analyzed with relevant context in the final report provided to the attorneys and the Judge. The recommendation takes into account the strengths and the weaknesses of both parties, and the recommendation is designed to help your child or children get the best out of their relationships with each parent.
In many cases, there are issues such as child abuse, IPV (intimate partner violence), substance abuse or diminished mental capacity, and these factors will be assessed and evaluated, and ultimately considered in the totality of the final recommendation.
Evaluations are focused on the child's needs above all else. Whereas divorces and custody battles often become adversarial and focused on the arguments between the parties, the evaluation process is designed to evaluate and articulate the needs of the child or children, and to focus on the children's best interests.
Oregon uses the standard of the "best interests and welfare of the child" in determining legal custody and parenting time arrangements. The specific issues the law requires evaluators to address are contained in ORS 107.137.
These statutory considerations will be analyzed with relevant context in the final report provided to the attorneys and the Judge. The recommendation takes into account the strengths and the weaknesses of both parties, and the recommendation is designed to help your child or children get the best out of their relationships with each parent.
In many cases, there are issues such as child abuse, IPV (intimate partner violence), substance abuse or diminished mental capacity, and these factors will be assessed and evaluated, and ultimately considered in the totality of the final recommendation.
Evaluations FAQ:
How does the evaluation process work?
The evaluation consists of the following:
1. Two meetings with each party
These are either virtual or in person, and provide an opportunity for each party to discuss their side of the story, their history and articulate their goals for the custody and parenting time plan. Particularly in the second meeting, this is also the opportunity to discuss concerns about the children and the other party's concerns about the child's time with you.
2. A chance to meet the child(ren)
I will meet with you and the children in my office, once with each party, and again at each party's home. Children are generally interviewed alone during this process, depending on their age and abilities.
3. References
I will get information from you about personal and professional references who are relevant to your case. I will talk with them about the specifics and about the best interests of the child or children, based on their expertise or perspective.
4. Further Testing
In some cases, it is necessary to make a referral for psychological testing, drug / alcohol assessment or the like. In any such instance, any test given to one party will be given to both.
5. Report
Once all of the information is collected, I prepare a written report and send it to the attorneys of record.
Please also note that the goal here is for the best interests of the child or children to be met. If the parties, who know their children best, come to an agreement about custody and parenting time before the recommendation is circulated, this is great for the children, and the evaluation process can stop at that point.
What will the evaluator be looking for?
The evaluator will look for what is in the best interests of the child or children.
When it comes to legal Custody, the relevant factors are the ones listed in ORS 107.137.
Your attorney can provide you with specific information about these criteria and how the court is likely to view these factors in your case.
Will I need to appear in Court?
The goal of an evaluation is to help settle the case, however in some cases, the parties are unable to avoid trial. Once your attorney has reviewed the report and discussed it with you, there is opportunity for settlement negotiation with the other party. If the parties are unable to agree during those negotiations, the case goes to trial. In those instances, the custody evaluator is often called as an expert witness. When called as a witness, the evaluator appears on behalf of the child or children, regardless of which party pays the professional witness fee.
This didn't answer all of my questions. Whom should I call to get more information?
You are welcome to call my office at (503) 482-9689 or email me at [email protected].