Minnesota child custody and parenting time evaluations are often required by judge’s and/or referee’s in any disputed child custody case.
Why? Because the court wants a neutral, third-party evaluator, to do research on a case and provide an objective report to the court on what exactly is going on in a particular custody dispute.
Minnesota and Dakota County MN Child Custody and Parenting Time Evaluation Process
When a Motion for Modification of Child Custody or Parenting Time is made by a parent of a minor child or children, and if that motion is contested by the other parent, courts will most often appoint a custody evaluator at the first hearing. This can be something both parties agree to.
However, any person going through a contested divorce case should be aware that if you fail to agree on a custody or parenting time evaluator, the court will like appoint one for you. Child Custody and/or Parenting Time Evaluations can take a long time – anywhere from three to six months depending on the case.
The custody evaluator is trained pursuant to Rule 114 of the Minnesota General Rules of Practice for the District Courts, Alternative Dispute Resolution.
The training is rigorous there are only a select number of lawyers in Minnesota who have obtained the status of a Rule 114 evaluator. I advise all of my clients to be very cooperative with the evaluator.
Who may the evaluator contact?
The court-appointed evaluator may ask questions of appropriate third-parties such as:
- medical professionals
- psychiatric professionals
- school personnel professionals, or
other expert persons who have served the child in the past after obtaining the consent of the parents or the child’s custodian or guardian.
For further questions about child custody and parenting time evaluations, talk with a Minnesota parenting time attorney.
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