When parents can’t agree on custody or a parenting plan for their children, oftentimes a custody study will occur. Both sides typically agree to the custody study and agree to the evaluator who will be used to conduct the custody study. There are two types of evaluators, one type is able to conduct psychological testing, typically someone with a PhD. The other type is someone with a Master’s degree, but who does not have the education to perform psychological testing. A custody study which does not include psychological testing is less expensive.

What happens in a typical custody study? The evaluator will meet with both of the parties and find out about their childhood history, their marriage, their parenting and their concerns about the other parent. The evaluator will also meet with the children. The evaluator will observe the children interacting with each of their parents. The evaluator will talk with third party witnesses for each parent who will provide information about their observations that that parent is a good parent. The evaluator might talk with teachers and counselors for the children. Psychological testing of each parent will occur if the evaluator is qualified to do it. After all of this information is gathered, a final report will be completed and the evaluator will make a recommendation as to which parent should have custody and what the parenting plan should be.

Custody studies often result in finalizing the case without going to trial. Since a Judge is likely to agree with the recommendation of the evaluator, it is not common for one party to go to trial to try to get the Judge to make a different decision than the evaluator made. it does happen on occasion, but most often a custody study will achieve the settlement of the dispute.