Friday, November 4, 2022

 Parenting Time Evaluations - What Are They and Do You Need One?


Mediation

High conflict divorces often translate into high conflict custody cases.  What can you do to help resolve the conflict?  In a divorce where custody cannot be agreed upon by the parties, the courts will almost always appoint a mediator.  In Idaho, you are ordered to attend three mediation sessions.  Some folks can work out the custody in those sessions, others cannot.  So what happens when mediation fails?

Parenting Time Evaluations

If mediation fails, upon the court's motion, upon the motion of one party or the other or by stipulation, the court can order a parenting time evaluation.  The court appoints a parenting time evaluator.  This is an independent party who interviews the parties and observes their interactions with their children.  The evaluator puts together and extensive report for the court making determinations and suggestions on how custody should be structured.

Are There Risks to Seeking a Parenting Time Evaluation?

Parenting Time Evaluations can be extremely helpful in resolving parenting and custody issues.  From a client's perspective, the risk of the evaluation is it will find against you.  Some issues that come up in these evaluations are controlling behavior, overly authoritarian behavior, too little parental involvement or supervision or lack of interest in the welfare of the child.  If you have a health relationship with your children, and your parenting style and behavior falls within the normal and acceptable range of parenting, the risk of getting a "bad" parenting time evaluation is generally fairly low.  Other times clients are unhappy with parenting time evaluations because they think that the other party should have limited visitation or custody of the children and the parenting time evaluator thinks differently.  Something to keep in mind is that the evaluator is seeking to find the custody arrangement that is in the best interest of the children.

If you are seeking a divorce or a modification and need to speak with one of our Boise Divorce Attorneys, give us a call at (208) 472-2383.  You will be glad you did.