In This Article, You’ll Learn
- What a custody evaluation is and why courts order one
- Who conducts custody evaluations in Arizona
- What happens during psychological testing
- How evaluators make recommendations
- Common mistakes parents should avoid
- How an attorney can help you prepare
Child custody decisions result from what can be an overwhelming set of legal proceedings, which are made even more difficult when parents are unable to reach an understanding on their own. In contested cases or instances with serious safety concerns, the courts may order a child custody evaluation or psychological testing to establish each party’s parenting ability.
Many parents facing court-ordered child custody investigations feel stressed and even confused about how the investigation may affect their rights. The Valley Law Group is here to help you understand what goes into an Arizona custody evaluation, when such evaluations are used, and how you can prepare for the process.
What is an Arizona Custody Evaluation?
Families with divorced parents are common across the country. According to Pew Research (Pew Research Center, 2024), 37% of children do not live with two married parents. In many of these circumstances, a custody evaluation is a tool used to establish each parent’s role in their child’s life.
Child custody evaluation is a court-ordered process used to determine what is in the best interests of the child in Arizona. Triggered when parents cannot agree on parenting time and decision-making arrangements, or when there are significant safety concerns, evaluations involve an investigation conducted by a qualified professional to help the court understand family dynamics. The findings of the custody evaluation are then used to make a final decision regarding an initial custody case or appeal.
Custody evaluations in Arizona are handled through the Superior Court system of the county where the parents reside. For instance, Phoenix residents have their cases processed through the Maricopa County Superior Court Family Department, with the main courthouse located at 201 West Jefferson Street, Phoenix, Arizona 85003.
When Are Custody Evaluations Used?
Custody evaluations can be a crucial part of many custody proceedings, with the reasons for initiating them varying from case to case.
A few common reasons for conducting an investigation include:
- High-Conflict Relationships – Evaluations can be helpful in situations with high-conflict disputes between parents that require court oversight.
- Parenting Ability Concerns – The judge overseeing the case may have significant concerns about either one or both parents’ ability to care for the child.
- Domestic Violence – Allegations of domestic violence against the child, co-parent, or any party typically require investigations for custody arrangements.
- Addiction – Navigating custody with a history of substance abuse or addiction can be difficult and involve a court-ordered evaluation.
- Mental Health Concerns – Previous or current concerns regarding significant mental health issues can require psychological testing and evaluation.
- Stability Issues – Some parents may be unable to demonstrate stable living conditions and may need to be reviewed for suitability regarding decision-making or parenting time.
- Relocation Disputes – Relocation to another state, city, or county can affect child custody in many ways and require an evaluation if one parent wants to move with the children.
Who Conducts Custody Evaluations?
In Arizona, child custody evaluations are conducted by a qualified custody evaluator. This can include mental health professionals, psychologists, or any other court-approved professional. The evaluator may be assigned by the judge, but may be a professional whom both parents agree upon, subject to confirmation by the court. The evaluator must be a neutral party, with family therapists usually disqualified from conducting investigations.
What Happens During the Evaluation Process?
After an Arizona custody evaluator is selected, the evaluation process begins with the custody evaluator conducting intake and initial meetings separately with each parent. These conversations allow both parties to explain their primary custody concerns, summarize their parenting history, describe their relationship with their child, and provide limited details on issues with their co-parent.
An evaluator also meets with the child concurrently with initial parental interviews. These meetings are conducted depending on the child’s age. For older children, a meeting with an evaluator can involve a direct conversation, whereas for younger children, it may look more like an evaluator observing them play. Meetings with children are less centered around the parents and more on assessing the child’s behavior and emotional functioning.
Once individual interviews are complete, the evaluator conducts observation sessions with each parent and the child. This can be vital in establishing the relationship and bond between them, as well as parenting skills. Court-appointed observers look for how the parent and child communicate and whether the parent’s behavior is appropriate.
Home visits are another common component of custody evaluations to examine the living conditions. Evaluators may review the home’s safety, cleanliness, and organization; the presence of utilities; the child’s room; and the child’s daily routine.
After investigating directly involved parties, evaluators review parenting documentation. Documentation can include records of medical, school, criminal, or CPS histories, as well as evidence of each parent’s role in their child’s life. Investigations may also contact neutral third parties, like teachers, for additional comments.
At the end of their investigation, the evaluator submits a complete report to the courts, along with their recommendation for decision-making and parenting time arrangements. Both parents receive a copy of the report and may address findings in future hearings or modification proceedings.
Child Custody Psychological Testing
The court may order psychological testing as a component of a custody evaluation, especially when the court is considering COBI (court-ordered behavioral intervention to support estranged parents and children). Psychological testing for child custody cases is typically used to understand the mental health of each parent. Testing can involve reviewing each party’s parenting capacity, emotional stability, or any other mental state relevant to determining what is in the best interests of the child.
The process typically begins with completing a written questionnaire. These may include tests of a parent’s emotional stability, relationship with their child, parenting style, personality traits, stress-coping strategies, and objective assessments of underlying disorders.
After the questionnaire is conducted, the next step is a clinical interview with the evaluator. This is to review the answers and learn the parents’ history and dynamics with their child. Evaluators may also request additional mental health, medical, or criminal records if deemed relevant.
How Findings May Influence Legal Decision-Making and Parenting Time
Findings from a custody evaluation can be central in decision-making and parenting time orders. Evaluators can use their findings to recommend major custody elements or minor scheduling details.
Elements influenced by these findings may include:
- Whether to grant sole or joint legal decision-making powers
- Parenting time schedules
- How exchanges should be navigated
- The percentage of time both parents have with the child
- Where the child should primarily live
- Recommendations for parenting classes
- Whether visitation should be supervised
- Any other custody-related issue
It is important to note that a custody evaluation is not the final determining factor in a parenting plan. After the evaluator’s recommendation, both parents are allowed to respond to the report. Judges make the final decision and do not have to base an order on the evaluation.
Attorney Insight from Jonathan Roeder, Founder/Partner and Family Law Attorney
A custody evaluation is one piece of evidence, not the final decision. Judges consider the evaluator’s report alongside all of the evidence presented. Preparing thoughtfully, remaining child-focused, and working with an experienced family law attorney can help you present your parenting strengths throughout the process.
How Parents Can Prepare for Arizona Child Custody Evaluations
Custody evaluations can be stressful proceedings, but taking preparatory actions before the initial intake and interview can help reduce your anxiety. Here’s how you can prepare for an impending evaluation:
Get Organized
One central step to preparing for a court-ordered evaluation is organization. Gather relevant records as well as documentation of your role in your child’s life. Records highlighting potential issues with the other parent can also be key in demonstrating responsibility.
Practice Child-First Language
Another way to be ready for interviews is to put your child first when explaining your side, rather than your own interests. Your answers should be child-focused, rather than focusing on what is most convenient. Understanding your child’s daily routines and developmental needs demonstrates your parenting ability.
Prioritize Honesty and Clarity
During the process, it’s important to be honest with the evaluator. You may not wish to share details that seem incriminating, but clear communication about factors such as a criminal past or history of addiction can be key in showing you have moved beyond past issues. Honesty during a home visit and interactions with a child is vital, as outright lies or exaggerations are often revealed later on in the investigation.
Be Prompt and Professional
Another element to keep in mind throughout the proceedings is cooperation with the evaluator. Responding promptly to inquiries or any requests can support your standing as a responsible guardian. If there are stability concerns, remaining professional and calm can help reduce the court’s worries.
Secure a Child Custody Attorney
The final way you can prepare for a custody evaluation or psychological testing is by consulting an Arizona child custody attorney. They can address the concerns specific to your case and advise on ways to mitigate challenges.
Common Mistakes to Avoid in Arizona Child Custody Evaluation Cases
Evaluations are unfamiliar proceedings that can lead to many critical errors that could affect your parenting time. Here are some of the most common:
Focusing on the Other Parent
One of the most common mistakes you should avoid is focusing on your issues with the other parent. Complaining about your co-parent and spending more time during an evaluation discussing their issues, rather than your relationship with your child, can harm your credibility as a reliable guardian.
Exaggerating Issues
An issue related to focusing on your co-parent is exaggerating their behavior or making false allegations of abuse or substance use. Any untruths about the other involved party can be exposed and reflect poorly on you. Sticking to honest, clear accounts of your co-parent’s relationship with your child is essential.
Coaching
Another misstep some parties take is coaching their child on how to respond to an evaluator’s questions. This can be seen as an attempt to manipulate the answers and make you seem untrustworthy. Qualified mental health professionals are trained in child psychology and can tell when a child is reciting what they were told to say.
Not Taking the Process Seriously
Another common mistake parents make during Arizona custody evaluation cases is missing deadlines and failing to comply with requests. Some fail to take the process seriously, assuming that it is a simple formality. Missing appointments or refusing to provide requested documentation can lead the court to believe you are an irresponsible caretaker.
Focusing on the Win
Refrain from treating the process as something you can win rather than a good-faith examination. The goals of any investigation are to determine what is in the best interest of the child, not to win over the other party. Your child should be at the forefront of all discussions, rather than the possibility of beating your co-parent.
Related Case Victory
Every custody case is different, but seeing how Arizona courts handle real disputes can provide helpful context.
Child Custody Case Victory – Maricopa County
See how The Valley Law Group helped a client resolve a contested child custody matter involving legal decision-making and parenting time.
Read the Case VictoryChild Custody Evaluation FAQs
Facing custody evaluation and psychological testing can be overwhelming, but you can reduce your stress by learning what to expect. Here are a few of the most common questions others have when facing a court-ordered investigation.
Work with a Skilled Child Custody Attorney
Many parents in Arizona feel nervous when approaching a custody evaluation, but consulting with a child custody attorney can ease your mind and improve your results.
The Valley Law Group’s experienced child custody lawyers can answer your questions, address your concerns, and help you prepare for your evaluation. Contact us today to schedule an appointment at any of our Valley-area offices.
Sources:
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- Arizona Judicial Branch. (n.d.). Child custody. https://azcourts.gov/selfservicecenter/Forms/Child-Custody
- Arizona Legislature. (n.d.). Arizona Revised Statutes § 25-403: Child custody; best interests of child https://www.azleg.gov/ars/25/00403.htm
- Arizona Legislature. (n.d.). Arizona Revised Statutes § 25-403.03: Domestic violence and child custody. https://www.azleg.gov/ars/25/00403-03.htm
- Maricopa County Superior Court. (n.d.). Family Court Department. https://superiorcourt.maricopa.gov/
- Pew Research Center. (2024). America’s changing family structure. https://www.pewresearch.org/chart/st_26-03-02_america250_childparents_all/
Jonathan Roeder is a founding partner of The Valley Law Group and an Arizona attorney focused on family law, criminal defense, and personal injury. Jonathan has built his practice around helping clients navigate difficult legal issues with clear guidance, practical strategy, and strong advocacy. As an attorney, business owner, and Father of three, he understands the importance of preparation, communication, and helping clients make informed decisions during stressful and uncertain times. Jonathan’s career reflects both professional recognition and a commitment to developing others in the legal field. He has earned numerous legal honors, including recognition as a Super Lawyers Rising Star and a 10.0 “Superb” rating on Avvo, while also mentoring legal students and young attorneys through his work as a college faculty member and leader in his industry.