DuPage Divorce: What is the Role of the Child Custody Evaluator?

1. Allocation of Parental Responsibilities: This includes decision-making authority (e.g., education, healthcare, religion, extracurricular activities) and parenting time schedules.
2. Best Interests of the Child: The evaluator focuses on factors outlined in 750 ILCS 5/602.5 (for decision-making) and 750 ILCS 5/602.7 (for parenting time), such as the child’s adjustment to home and community, the parents’ ability to cooperate, any history of abuse or neglect, and the child’s preferences (if age-appropriate).
3. Recommendations for Parenting Arrangements: The evaluator provides a detailed report to the Court with findings and recommendations to guide the court in making custody determinations.

1. Interviews:
   • With Parents: The evaluator interviews each parent to assess their parenting skills, mental health, relationship with the child, and ability to meet the child’s needs.
   • With the Child: The evaluator may interview the child(ren) (depending on their age and maturity) to understand their preferences, emotional well-being, and relationship with each parent.
   • With Other Relevant Individuals: This may include stepparents, siblings, teachers, counselors, or other individuals who have significant interactions with the child or family.
2. Observation:
   • The evaluator may observe the child’s interactions with each parent in various settings (e.g., home visits or office-based interactions) to assess the parent-child relationship and the child’s bond, affect and comfort level.
3. Review of Records:
   • The evaluator reviews relevant documents, such as court filings, school records, medical records, psychological evaluations, and any history of domestic violence or criminal activity.
   • If applicable, the evaluator may examine reports from law enforcement, child protective services, or other agencies.
4. Psychological Testing or Assessments:
   • In some cases, the evaluator may administer or recommend psychological testing for parents to assess mental health, personality traits, or parenting capacity.
5. Collateral Contacts:
   • The evaluator may contact third parties, such as teachers, doctors, therapists, or family members, to gather additional perspectives on the family dynamics and the child’s well-being.
6. Assessment of Statutory Factors:
   • The evaluator considers the statutory factors listed in 750 ILCS 5/602.5 and 750 ILCS 5/602.7, which include:
     • The wishes of the parents and the child (if appropriate).
     • The child’s adjustment to their home, school, and community.
     • The mental and physical health of all individuals involved.
     • The ability of the parents to cooperate and make decisions in the child’s best interests.
     • Any history of abuse, domestic violence, or other safety concerns.
     • The willingness of each parent to encourage a close relationship between the child and the other parent.

Report and Recommendations: After completing the investigation, the custody evaluator submits a written report to the court, which typically includes:

• A summary of the investigation process (e.g., interviews, observations, records reviewed).
• Findings regarding the family dynamics, parenting abilities, and the child’s needs.
• Recommendations for the allocation of parental responsibilities, including specific parenting time schedules and decision-making arrangements.
• Any concerns about safety, mental health, or other factors impacting the child’s best interests.

The report is shared with the court, the parents, and their attorneys (if represented).

• Neutrality: The evaluator must remain impartial and avoid bias toward either parent.
• Scope Limitation: The evaluator’s investigation is limited to issues relevant to the child’s best interests and the allocation of parental responsibilities. They do not address unrelated matters (e.g., financial disputes).
• Timeframe: The evaluation process can take several months, depending on the complexity of the case and the evaluator’s schedule.
• Admissibility: The report and testimony are admissible in court, but the court retains ultimate authority to weigh the evidence and other inputs to make final parenting allocation  determinations.