When parents are unable to resolve issues related to custody and placement through agreement, then the court must step in to make decisions on parents' behalf. Once a dispute is in front of the court, then the court has the option to order the parents to undergo a custody evaluation with the Office of Family Court Services.
WHAT IS A CUSTODY EVALUATION?
An evaluation is an in-depth investigation into a family. Once information is gathered, the assigned custody evaluator(s) reduce their findings into a written report. The conclusion of the report includes recommendations regarding placement and custody of the children.
The evaluation report must comment on all factors that are found in Wisconsin Statute 767.41(5). An evaluation will never focus on just one parent or one factor: all factors will be considered for all family members.
IS AN EVALUATION MANDATORY?
No, a custody evaluation is a discretionary option available to the family court when there are major disputes around custody or placement. You cannot voluntarily request an evaluation: it must be ordered by the court.
IS THE GUARDIAN AD LITEM PART OF THE EVALUATION?
A custody evaluation is separate from an investigation that is conducted by a Guardian ad Litem ("GAL"). The evaluators will talk to the GAL during their process and will invite the GAL to appear at the final meeting for the evaluation, but the GAL does not collaborate with evaluators on the ultimate recommendations.
WHAT IS THE PROCESS OF AN EVALUATION?
Each evaluation will proceed in a similar fashion though things may vary depending upon the issues presented. In general, parents will be required to return a completed written questionnaire, make themselves available for multiple in person interviews and allow evaluators into the home for home visits. Minor children will also participate in interviews and/or home visits. Parents will also be expected to cooperate in signing releases so evaluators may collect information from collateral sources like medical and mental health providers, schools and other social service agencies. Other important people in a family system (ie: step-parents, step-children, adult children, grandparents, friends, roommates or significant others) may also be asked to participate in interviews or be asked to release their records.
HOW LONG DOES AN EVALUATION TAKE?
An evaluation will take between 90 and 120 days to complete after the court orders it.
WILL THE REPORT TO AVAILABLE FOR ANYONE TO READ?
No, the report is property of the court and the contents are unavailable to the general public. Only the parents, their attorneys and the appointed GAL may read the report.