Custody / Parenting Time Evaluation
Custody evaluations are initiated after a written order from the circuit court. The parties participate in a pre-investigation interview at which time the investigator decides whether or not the case will be referred for a full custody evaluation (Administrative Policy 1995-11A).
The purpose of the custody evaluation is to gather information to apply to the factors listed in the Michigan Child Custody Act. To this end, an investigation is conducted which results in a written report and recommendation with the court.
To begin the custody evaluation process, both parties are asked to appear at a joint meeting. Parties are sent case questionnaires in advance which they are to complete and return to the investigator (preferably prior to the initial interview) in order to provide the investigator with basic personal information relevant to the case. Each party is also asked to provide three references and income information (e.g. tax returns and income stubs). Parties should allow 2-1/2 to 3 hours for the initial interview. Click here to see a checklist of items to bring to custody or parenting time interviews.
When there has been domestic violence, the Friend of the Court Office needs to be advised in advance. There may still be a joint meeting, but plans for safety will be enacted. Also, it is important for the parties to provide any available documentation to the office prior to the meeting.
When both parties arrive for the initial interview, one of the first things that will occur is the confirmation of important information such as address, telephone number, place of employment, etc. The investigator will then determine who filed the action that brought them to the custody evaluation and why, getting a response from both parties. The parties are encouraged to come to an agreement, as this would be in the best interest of all involved, especially for the children. If this cannot occur, the evaluation will proceed. The investigator will attempt to get a complete understanding of each party’s interaction with the children as outlined by the child custody factors. The facts of the case will be considered based on their relation to the children’s well being. The underlying motivation for this entire proceeding is to come to a conclusion that is in the best interest of the child.
Following the initial interview, at the discretion of the evaluator, the parties may be scheduled separately for another interview. The investigator may also set up appointments for the children to be interviewed (5 years old and above). During the interviews with the children, both parties are encouraged to be present in the waiting room although neither party is allowed to be present with the child during the interview. Parties will also be requested to sign releases so the investigator will be able to obtain necessary information from doctors, therapists, schools, etc. The investigation continues as references are contacted (through a questionnaire). It is up to the discretion of the investigator whether or not he/she will directly contact the references to confirm information or to gain a more extensive understanding of the report. An effort is made to contact references for each party equitably so the investigation is not biased. In addition, anyone who lives in the home or is determined by the investigator to be relevant to the situation may be asked to come in for an interview. This could include a new spouse, step-siblings, grandparents, boarders, or a paramour. All of the information gathered from the sum of these sources is then reviewed and applied to the child custody factors.
The written report and recommendation begins with general information, legal history, marital history, and positions of both parties. The investigator then attempts to give a preference for each factor; either favoring the Plaintiff, favoring the Defendant, or indicating no preference. These preferences will reflect logical reasoning and will be supported by the facts of the case. After going through the child custody factors, the investigator will include a conclusion section, which is a summary of the most important findings. The recommendation itself follows the conclusion. The recommendation is not based on the number of factors on which each party is given preference, as information under certain factors may carry more weight than information under others. The recommendation will address custody, a parenting time plan and support recommendations. The investigator may also recommend such things as counseling, parenting classes, child transfers in public places, specific telephone contact with children, no controlled substances during parenting time or any other recommendations that would benefit the children.
The written report is signed by the evaluator, then sent to both parties, both attorneys, and the circuit court. For most cases, a proposed order is attached to the report and recommendation which comports to the recommendation allowing the parties, or their attorneys, to object within 21 days. If there is no objection and the court agrees, then the proposed order becomes the order of the court. If either party or their attorney objects, a hearing is scheduled. Either attorney has the right to subpoena an evaluator to testify regarding the finding of the custody evaluation.
After the hearing, it is the Judge who makes the final decision on the custody and/or parenting time matters.
