Independent assessment focused on the best interests of the child.

 

When parents and the court need more information to resolve disputed custody or parenting issues, a child custody evaluation can provide an independent assessment of the family, the issues affecting the child, and the factors relevant to the child's best interests.

 

Mouw Law provides neutral child custody evaluation services in South Dakota in select family-law matters.

 

When serving as a custody evaluator, Rebekkah Mouw does not represent either parent. The evaluator's responsibility is to conduct an independent evaluation within the scope of the appointment and provide the court and parties with professional findings, opinions, or recommendations as authorized by the applicable court order and governing standards.

 

What Is a Custody Evaluation?

 

A custody evaluation is different from legal representation, mediation, or parenting coordination.

 

The evaluator does not advocate for either parent's preferred outcome and does not serve as a decision-maker in place of the court.

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Instead, the evaluator gathers and assesses information relevant to the questions presented in the evaluation and the child's best interests.

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The specific scope of each evaluation depends on the needs of the case and any applicable court order.

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What May Be Included?

 

Depending on the scope of the evaluation, the process may include:

• interviews with each parent or caregiver;

• development of relevant family and parenting history;

• review of court filings and prior orders;

• review of relevant records and documents;

• interviews with or consideration of information from collateral sources;

• consideration of the child's developmental needs and family circumstances;

• parent-child observations when appropriate;

• review of relevant communications or other evidence;

• assessment of disputed parenting concerns;

• consideration of information relating to safety, stability, caregiving, and the child's relationships;

• follow-up interviews or requests for additional information when necessary; and

• preparation of a written report, findings, or recommendations when required by the scope of the appointment.

 

Not every evaluation requires every component listed above.

 

The evaluator determines the appropriate process based on the scope of the appointment, the issues presented, applicable professional standards, and the information reasonably necessary to complete the evaluation.

 

The Child's Best Interests

The evaluation is about the child—not winning.

 

Custody litigation can naturally cause each parent to focus on proving or disproving allegations about the other.

 

A custody evaluation asks a different question:

 

What information does the court need to understand this child's circumstances and determine an arrangement consistent with the child's best interests?

 

The evaluation may consider parenting history, the child's relationships and needs, each parent's ability to meet those needs, stability, safety concerns, communication and conflict, and other circumstances relevant to the issues the evaluator has been asked to assess.

 

The existence of disagreement between parents does not itself determine the outcome of an evaluation.

 

Neutrality & Independence

 

The custody evaluator is not the attorney for either parent or the child.

 

Communications with the evaluator should not be assumed to have the same confidentiality protections as communications between a client and their own attorney.

 

Information provided during the evaluation may be considered in the evaluator's analysis and, when appropriate or required, may be included in a report, testimony, or other communication authorized by the court or governing process.

 

The evaluator must remain free to reach conclusions that differ from the position advocated by either participant.

 

Neither payment of evaluation fees nor the manner in which those fees are divided determines the evaluator's conclusions.

 

Records & Collateral Information

A meaningful custody evaluation may require information beyond what either parent reports individually.

 

Depending on the case, the evaluator may request records or information relating to matters such as:

• education;

• medical or behavioral health care;

• prior evaluations or treatment;

• law-enforcement or child-protection involvement;

• parenting communication;

• prior court proceedings;

• childcare;

• other professionals working with the family; or

• other sources relevant to the questions presented.

 

Participants may be asked to sign appropriate releases or provide information necessary for the evaluator to obtain relevant records.

 

The evaluator determines what information is reasonably necessary and relevant to the assigned evaluation.

 

Children & the Evaluation Process

 

Children are not responsible for deciding custody disputes.

 

When a child's participation is appropriate, the nature and extent of that participation will depend on the child's age, development, circumstances, and the purpose of the evaluation.

 

The evaluator will determine whether and how to obtain information concerning the child's experience while attempting to avoid unnecessarily placing the child in the middle of adult conflict.

 

Parents should not coach children regarding what to say to the evaluator or ask children to advocate for a particular custody outcome.

 

The Evaluation Report

 

When a written report is part of the appointment, the report may summarize the evaluation process, information considered, relevant findings, and any opinions or recommendations within the evaluator's assigned scope.

 

A custody evaluation does not decide the case.

 

The court retains authority to determine custody and parenting issues.

 

The parties or their attorneys may have opportunities to address, challenge, supplement, or respond to the evaluator's work through the procedures available in the underlying case.

 

What a Custody Evaluation Is Not

 

A custody evaluation is not:

• individual legal representation;

• therapy or mental-health treatment;

• mediation;

• parenting coordination;

• an investigation conducted for one parent's benefit;

• a guarantee that either parent's requested outcome will be recommended; or

• a substitute for the court's ultimate decision.

 

If you need advice about how the evaluation may affect your legal rights or how to respond to issues arising during the evaluation, you should consult your own attorney.

 

Cooperation With the Evaluation

 

Custody evaluations require meaningful participation.

Participants may be expected to:

• attend scheduled interviews or observations;

• provide requested information and records;

• complete releases when appropriate;

• identify relevant collateral sources;

• communicate honestly and respectfully with the evaluator;

• avoid involving children unnecessarily in adult disputes; and

• comply with applicable court orders and evaluation procedures.

 

The evaluator may document significant limitations on available information or participation when relevant to the evaluation.

 

Fees & Payment

 

Custody evaluations are generally performed for a defined professional fee or fee structure based on the anticipated scope and complexity of the evaluation.

 

The evaluation agreement will identify the applicable fee, payment schedule, responsibility for payment, and how additional work outside the anticipated scope will be handled.

 

If the evaluation is court ordered, responsibility for fees may also be governed by the court's order.

 

Payment of fees does not create an attorney-client relationship and does not purchase a particular finding, opinion, or recommendation.

 

Additional professional services—such as substantial supplemental review, deposition, testimony, or work required after completion of the initial evaluation—may be addressed separately as provided in the evaluation agreement or court order.

 

For Attorneys & Courts

 

Mouw Law accepts select custody evaluation matters by agreement, referral, or court appointment, subject to availability and conflict review.

 

Attorneys seeking appointment may contact Mouw Law regarding:

• evaluator availability;

• anticipated timing;

• scope of the proposed evaluation;

• fee structure; and

• proposed appointment language.

 

A clear appointment order helps define the evaluator's role, the questions presented, access to information, allocation of fees, reporting expectations, and other case-specific requirements. Mouw Law has their own form for the Court and Attorneys if helpful. 

 

Requesting a Custody Evaluation

 

If you are a parent considering a custody evaluation, an attorney seeking an evaluator, or a professional involved in a family-law matter, you may contact Mouw Law to inquire about availability and process.

 

If litigation is already pending, the evaluation may require agreement of the parties, involvement of counsel, or authorization by the court depending on the circumstances.

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Contacting Mouw Law about a possible custody evaluation does not create an attorney-client relationship.

 

Custody Evaluation or Something Else?

 

You want a neutral to help both parents reach their own agreement.
→ Mouw Method Resolution

You already have parenting orders and need ongoing help implementing them or addressing recurring disputes.
→ Parenting Coordination

The court needs a shorter independent assessment and potential recommendations concerning parental conflict patterns.
→ Pattern Informed Conflict Resolution

You need an attorney advocating for your individual position in a custody dispute.
→ Family Law Representation

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