If you are in the middle of a divorce, you are probably sick and tired of hearing new terms.  Often times, these terms are set in a legal jargon and cannot be understood without a law degree.  The key to making your divorce a success is to learn as much as you possibly can about each and every new term.    The most difficult part of any divorce is the Utah custody rights ‘battle.’  If you and your spouse have a child, there are additional criteria you must meet before your divorce can be finalized.  One of these criterion is to attend the 2 hour class advising couples on the affects of divorce.  Similarly, you might have to participate in a Utah custody evaluation.   What does this mean and what are Utah custody evaluators?   A custody evaluation is when a court-authorized person (usually a psychologist) interviews and assesses each and every member in the family and determines the child’s best interest.

According to the Utah State Court, the custody evaluation process should be as follows (taken from http://www.utcourts.gov/resources/forms/#Custody_Evaluation).

1. Evaluator receives the court order of appointment from one of the attorneys and is notified of the web site where the new rules, forms, and custody evaluation procedure can be downloaded.

2. Evaluator commences and completes information-gathering component of the evaluation and notifies the parties or their counsel within five business days of completion of the information-gathering process.

3. Counsel arranges a Settlement Conference including the commissioner or judge, the evaluator, all counsel (including the GAL), and the parties (except children) within 45 days of notice from the evaluator that the information-gathering is complete.

4. The evaluator completes the identifying information on the “Settlement Conference Report” and makes written notations of topics to be covered verbally concerning “Summary of Children’s Needs” and “Summary of Each Parent’s and Stepparent’s Ability and Propensity to Provide for these Children’s Needs.” The evaluator does not enter notations for “Rule 4- 903 Considerations” or “Legal and Physical Custody Recommendations,” but should be prepared to verbally present his/her conclusions. The commissioner or judge will determine if custody recommendations will be issued.

5. During the Settlement Conference, the Commissioner/Judge advises the parties of the process and lets the evaluator know if custody recommendations are to be presented. The evaluator distributes copies of the partially-completed “Settlement Conference Report” for further individual note-taking. After the evaluator presents his/her findings, the counsel and parties determine if settlement is possible, either at that time or after further negotiation. At the conclusion of the meeting, the Commissioner/Judge (a) issues restrictions on what the children are told about the findings and by whom, and (b) restricts distribution of the “Settlement Conference Report” and asks the parties’ counsel to retain their clients’ copies.

6. Evaluator receives, preferably within 10 days after the conference, (a) a request from any counsel/party in the case that a written report is necessary or (b) notice from counsel that a settlement has been reached and the evaluation case can be closed. If a report is necessary, any additional retainer needed is collected from the parties in the same proportion stated in the order. The evaluator completes the report and completes the “Table of Contents”, which is placed on top of the report and forwarded to the court and to all counsel. If no report is needed, any retainer held for the writing of the report is returned to the parties and the case is closed.

As stated in step 1 of the Custody Evaluation process, one of the divorce attorneys appoints the evaluator.  Even still, the evaluator must make a neutral decision regarding the well-being and best interest of the child(ren) in question.  Custody evaluators have a duty to make professional decisions using the facts of the case only.

Understanding the custody evaluation process is so important to understanding your Utah parental rights.  The custody decision is one of the most important decisions that will be made in your divorce because it involves the best interest of your children.  Take this seriously and learn as much as you possibly can about the custody evaluation process.