Parenting Plan Evaluations

Sometimes, parents can't agree on what the best custody and parenting time arrangements are for their kids - and that's okay! In Minnesota, courts can order a parenting plan evaluation, formerly referred to as a custody evaluation. The purpose of the evaluation is to help the court determine what the best arrangements are for legal custody, physical custody, and parenting time. If you think about it, this actually gives you a lot more control and input than if you end up  having to litigate custody; a judge can only read what you file, and you will only be in front of them for a short time to give testimony. With rare exceptions, your children would never testify in front of a judge, because that's typically considered more harmful to your children than helpful to the judge. However, an evaluation allows a qualified neutral evaluator to really get to know you, your children, and your co-parent in a meaningful way. You will have repeated contact with the evaluator over several months, so first impressions are not your only impression.

During this process, which can take 90 to 180 days to complete, a neutral evaluator will essentially research your family to figure out what would serve your children best. The evaluator will interview both parents, visit each parent's home to observe a typical day for you and your kids, speak to your children if they are of an age where that would be helpful, interview people you think can tell the evaluator the most about your family dynamics (your "collateral contacts"), and when appropriate, review medical records, school records, or other documents pertinent to how your family works. Both parents must sign any necessary releases to allow the evaluator to review relevant records. 

The evaluator may, if needed, ask the parents to undergo psychological testing. The evaluator may also look for compliance with any needed substance use disorder treatments, such as the use of a Soberlink device. 

At the end of the process, the evaluator will make recommendations regarding legal custody, physical custody, and parenting time for your children. To help you understand what topics a custody evaluator makes recommendations on, here are some phrases you'll need to know: Legal custody pertains to the right to make decisions about elective medical treatment for your children, where your children will attend school, and major religious milestones. Physical custody is much less important in Minnesota, as it essentially just comes down to where the child will be on a day-to-day basis, which is determined by the parenting time schedule. It is typically only important for determining a child's residence for school enrollment. Parenting time is what was formerly referred to as "visitation", and is the schedule of where your children will be on a day-to-day basis. Typically, a holiday schedule is part of this calendar. 

Once the evaluator gathers all of the information needed to make a recommendation, a few things will happen: if both you and your co-parent are represented by counsel, the evaluator may offer a feedback session wherein he or she will let your attorneys know what he or she is likely to recommend. This gives your attorneys a chance to ask any questions they may have on your behalf. Many evaluators, including those at Your Family Business, do not offer feedback sessions if either parent is self-represented.

After the feedback session, if one is to occur, the evaluator will prepare a written report. This is the document that will be provided to both parents, their counsel, and the court. These recommendations are typically adopted by the judge as written. If either parent disagrees with the recommendations, that parent may choose to call the evaluator to testify at trial so that the evaluator can be cross-examined in an attempt to demonstrate why the judge should not adopt the evalutor's recommendations. If that occurs, the parent requiring the evaluator to testify will be asked to pay a trial retainer that is separate from the cost of the custody evaluation. That's  because preparing to testify in court takes time and may prevent the evaluator from working on other cases.