how to prepare for a child lawyer evaluation texas

by Demetrius Friesen 10 min read

Some tips for preparing for your child custody evaluation include: Practice answering some of the questions you might face with your attorney. The questions might be about your income, the amount of hours you work each week, and how involved you are in your child's academic and extracurricular activities.

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How do you prepare for parental responsibility evaluation?

You'll also want to gather all relevant documentation regarding your child, such as academic records, medical records, legal papers, and even personal family documentation. These could help you show the evaluator how you have taken care of your child over the years.

How do you do well in a custody evaluation?

Treat the evaluation like you would a job interview. Arrive on time and dress neatly and conservatively. Be honest, sincere, and avoid becoming defensive. The custody evaluator will likely check out your statements with collaterals and/or other sources.

What do judges look for in child custody cases Texas?

Age and health of the child(ren) Age and health of the parents (or a non-parent conservator involved in the matter) Special needs of any involved parties. Stability of home environment of the child.

What kind of questions are asked in a custody evaluation?

A typical custody evaluation questionnaire may include questions about the breakdown of the parent's relationship, past family dynamics, and social history information on both parents and the children. Direct observation is one of the most helpful methods for gathering information.

What do judges look for in child custody cases?

Mental and Physical Well-Being of Parents Parents' mental well-being is of great concern to a judge in a child custody case. Psychological disorders, overwhelming stress, drug or alcohol abuse, and mental health crises can prevent a parent from acting in their child's best interests.

How do I prepare for a 730 custody evaluation?

730 Child Custody Evaluations: What To Do & How To PrepareTreat the evaluator with respect. ... Be on time, dress appropriately, don't be jerky. ... Realize that the evaluator is NOT your therapist. ... Keep it about the kids. ... Provide lots of evidence and data. ... Connect the evaluator to others who can support your report.More items...

What can be used against you in a custody battle?

The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.

How do you prove best interest of the child?

How to prove the best interest of the childPrepare a parenting plan. ... Keep track of your parenting time. ... Maintain a journal to show you meet parenting duties. ... Keep a log of child-related expenses. ... Get reliable child care. ... Ask others to testify on your behalf. ... Show that you're willing to work with the other parent.More items...

How do you win a child custody case in Texas?

How to Get Full Custody in TexasDecide the location of your child's residence,Consent to healthcare for your child,Hold or spend support payments for your child,Handle your child's legal issues,Make decisions about your child's education,Consent to your child's marriage,More items...•

What is the primary focus of a child custody evaluation?

The primary purpose of the evaluation is to assess the best psychological interests of the child. The primary consideration in a child custody evaluation is to assess the individual and family factors that affect the best psychological interests of the child. More specific questions may be raised by the court.

What is a 730 psychological evaluation?

Under California Evidence Code Section 730, the court can order an examination of the parents in a custody case. A 730 evaluation is a close assessment of the family, the children's relationships with their parents and other family members, living arrangements, and a series of professional evaluations.

What is a 733 evaluation?

Deriving its' name from California Evidence Code §733, a 733 expert is typically hired by a party seeking to contest the findings and recommendations of a 730 Child Custody Evaluation. Evidence Code §733 permits any party to produce other expert evidence on the same facts or matters testified to by the 730 expert.

What is the primary focus of a child custody evaluation?

The primary purpose of the evaluation is to assess the best psychological interests of the child. The primary consideration in a child custody evaluation is to assess the individual and family factors that affect the best psychological interests of the child. More specific questions may be raised by the court.

What can I expect from a 3111 evaluation?

In all cases the 3111 evaluator will prepare a thorough recommendation that contains their analysis of the children's best interests. The court does retain ultimate decision making power concerning the adoption of any of the reports.

What is a parental capacity evaluation?

A Parental Capacity Evaluation includes a diagnostic interview with the parent, an interview with the child if the child is old enough, psychological testing of the parent, parent-child observation, and collateral contacts and records review.

What is a 730 psychological evaluation?

Under California Evidence Code Section 730, the court can order an examination of the parents in a custody case. A 730 evaluation is a close assessment of the family, the children's relationships with their parents and other family members, living arrangements, and a series of professional evaluations.

Common Reasons For Evaluations

  • Evaluations can be ordered by a court any time an investigation into a family's circumstances would help determine the best parenting arrangement. They can be requested by a parent or ordered by a judge on his or her own accord. If the parents do not agree to the evaluation, the judge must first hold a hearingto decide whether an evaluation is necessary. Many cases that g…
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Selecting An Evaluator

  • Once a custody evaluation has been deemed necessary, there are several ways to choose an evaluator. Some judges ask each party to choose three possible evaluators, from which the judge selects one name, unless the parties agree on one first. Other judges select the evaluator without input from the parties. Some counties maintain a list of approved evaluators, and others — like H…
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The Evaluation Process

  • Regardless of the questions posed by the court, the evaluator must use the same tools required by the Texas Family Code: 1. Interviews with everyone named in the suit, including any children over 4 years old 2. Observation of the children with each parent (sometimes done at the parent's home) 3. Review of school records, medical records, criminal r...
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Evaluator's Report

  • Once the evaluator has finished assessing a family's situation, he or she will compile the findings into a report on each party's parenting strengths and weaknesses. The report might also provide recommendations as to how the court should rule. The evaluator will notify the court when the report is complete, and share the report with the attorneys or self-representing parties in the cas…
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Time and Costs

  • Evaluations typically take three to nine months. In rural counties, they may take as little as six to eight weeks. On the other hand, complex cases in more populous areas can take over a year, as evaluator sometimes have to acquire information from as many as 75 sources. Evaluators charge a flat rate, hourly fee or combination of the two. Parents usually split the costs evenly, though on…
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Special Circumstances

  • Cases sometimes have more than one evaluator, especially if one is in training or based far away. These evaluators can split up duties or collaborate on each one. You could also have multiple evaluators if your first evaluator were dismissed for conflict of interest, bias or not following code, though this doesn't happen often. Some parents take extra precautions to maintain their family'…
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Tips For Parents Going Through An Evaluation

  1. Meet with an attorney or use other resourcesto make sure you understand the process.
  2. Take all interactions with the evaluator seriously. Arrive on time, dress neatly, be prepared with documents, etc.
  3. Always show that your children are a priority in your life. Keep their interests and needs at the forefront, rather than your own.
  1. Meet with an attorney or use other resourcesto make sure you understand the process.
  2. Take all interactions with the evaluator seriously. Arrive on time, dress neatly, be prepared with documents, etc.
  3. Always show that your children are a priority in your life. Keep their interests and needs at the forefront, rather than your own.
  4. Remember your words and actions will go into a report. Treat the evaluator with respect, and don't argue.

Staying Organized

  • Evaluations add complexity to an already-complex process. Throughout your case, you may need to create a parenting plan, draft possession schedules, track time with your child, keep a log about interactions with the other parent, and more. The Custody X Change appenables you to do all of this in one place. With a parenting plan template, possession calendars, a digital journaland bey…
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