Rochester Child Custody Evaluation Lawyer

Rochester Child Custody Evaluation Attorney

Divorce is rarely as simple as two individuals no longer wanting to be married. Sometimes, additional family dynamics and factors are at play that can make the divorce process more difficult. One of these factors is child custody. Child custody can be an extremely contentious and highly emotional issue during a divorce. To compound the situation further, a child custody evaluation can be ordered by the court in order to help finalize which parent should have custody of the child. Having legal representation during this process is crucial to ensure that your child’s best interests are kept in mind while also protecting your parental rights.

At Trotto Law Firm, the members of our child custody legal team have experience handling various child custody cases that have dramatically impacted our clients’ lives. We understand the emotional sensitivity around this transition and will handle your case with the compassion and care it deserves. We are driven to ensure that your child’s best interests are considered and that you have a say in their future.

What Is Child Custody?

Child custody is the legal term for the relationship between a parent and their child. In some cases, child custody is awarded to one parent, and the other parent has visitation rights. In other cases, child custody is shared between both parents, and they collaborate on decisions regarding their child’s upbringing. There are many different types of child custody arrangements, and the specific circumstances of your case will determine the arrangement that is best for your family.

What Are the Different Types of Child Custody?

Child custody can be classified into two categories. The first is physical custody, which is related to where the child will physically reside. The second is legal custody, which refers to which parent has the legal authority to make influential decisions about the child’s upbringing. Decisions can be made regarding the children’s medical care, education, spiritual affiliation, social and extracurricular activities, and their general well-being.

Physical Custody:

Sole physical custody and shared physical custody are the two primary options for physical custody. If a parent has sole physical custody, their child lives primarily with them. In this case, the parent who does not have primary residence will have visitation rights. Shared physical custody means that the child will equally share time with both parents, and the responsibilities of raising the child are shared by both parents.

Legal Custody:

Similar to physical custody, there are also two types of legal custody. With sole legal custody, one of the parents has the authority to make decisions about the child’s upbringing, and the other parent does not have a say in these decisions. With joint legal custody, both parents have a responsibility to make decisions about the child’s upbringing, and they must collaborate on these decisions.

How is Child Custody Determined?

The court must determine and finalize child custody arrangements, and there are a variety of factors taken into account when making these decisions. These factors include:

• The child’s age
• The child’s health
• The child’s relationships with each parent
• The child’s preference (if the child is able to communicate their opinion)
• Each parent’s work schedule
• Each parent’s ability to provide a stable home environment
• Any history of abuse or neglect

All these factors can help a court determine which parent should have custody of the child. Because the judge does not know the child or the parents, they must rely on these factors to make a custody decision.

What Is a Forensic Child Custody Evaluation?

A forensic child custody evaluation is a process that is used to help a court to decide on child custody. The forensic evaluation will be conducted by a custody evaluator, who is a mental health professional. The evaluator will interview the child, the parents, and any other important people in the child’s life, such as teachers or coaches. The evaluator will also observe the child in each parent’s home, and they will research each parent’s background. The evaluator will then write a report that recommends which parent should have custody of the child.

How Can a Child Custody Evaluation Help My Case?

A child custody evaluation can be very helpful in your case because it can provide the court with an expert’s opinion about who should have custody of the child. The evaluator’s report can be very influential in the court’s decision about custody, and it can help you to get the custody arrangement that is best for your child.

The most influential findings in a custody evaluation could include:

• How the child interacts with each parent
• What environmental factors are present in each parent’s home
• The mental and physical health of each parent
• The work schedules of each parent
• The parenting skills of each parent

What Are Common Reasons for Child Custody Evaluations?

There are many reasons why a court may order a child custody evaluation. Some of the most common reasons include:

• The parents cannot agree on a custody arrangement
• One parent has accused the other parent of abuse or neglect
• One parent has substance abuse problems
• One parent has a mental illness

If the court believes that a child custody evaluation is necessary, they will appoint a neutral third party to conduct the evaluation. This evaluator will interview the child, the parents, and any other people who are involved in the child’s life. They will also observe the child’s interaction with each parent. After completing the evaluation, the evaluator will provide a report to the court that includes their recommendations for custody.

Tips to Prepare Your Child for an Evaluation

If a custody evaluator is going to be interviewing your child, it is important to prepare your child for the interview. You should explain to your child that the evaluator is there to help the judge understand what is best for them. You should also tell your child that they should be honest with the evaluator and that they should not try to please either parent.

Some helpful tips for preparing your child for an evaluation include:

• Encourage your child to be honest with the evaluator
• Explain to your child that the evaluator is neutral and is not there to take sides
• Tell your child that they should be honest about their feelings
• Encourage your child to ask any questions that they may have, even if they are about you
• Help them realize that the evaluator is not an enemy but rather a friend who is trying to help resolve the custody dispute

Following these tips can help your child feel more comfortable during the evaluation and help the evaluator get an accurate picture of your child’s home life.

FAQs About Rochester, NY Child Custody Evaluation Law

How do you do well in a custody evaluation?

The best way to do well in a custody evaluation is to be honest and cooperative. The evaluator is looking for information about your relationship with your child and your ability to care for them.

What is a forensic parenting evaluation?

A forensic parenting evaluation is a type of child custody evaluation that is conducted by a mental health professional. This type of evaluation is usually ordered by the court when there are allegations of abuse or neglect. The evaluator will interview the parents, the child, and any other influential or important people in the child’s life. They will also observe the child’s interaction with each parent. After completing the evaluation, the evaluator will provide a report to the court that includes their recommendations for custody.

What is a custody evaluation report?

A custody evaluation report is a document that a custody evaluator prepares after they have conducted an evaluation. The report will include the evaluator’s observations, interviews, and recommendations that could include child custody mediation. The report is submitted to the court and can be used by the judge to make a decision on child custody.

Contact Trotto Law Firm Today

If you are going through a child custody case and an evaluation is ordered, it is important to have an experienced Rochester child custody evaluation lawyer on your side. Attorney Jonathan C. Trotto at Trotto Law Firm has experience with child custody evaluations and can help you throughout the process. Our firm keeps an intense focus on our clients’ families and works hard to get them the outcome that best serves their interests. Contact us today for a consultation and see why we are the top choice for parenting evaluations and modifying child custody cases in Rochester.