Salt Lake City Child Custody Lawyer

Understanding the Importance of Child Custody Evaluations

Child custody evaluations play a crucial role in determining the best interests of the child in a custody case. These evaluations are conducted by trained professionals to assess the parenting abilities, home environment, and overall well-being of the child. Understanding the importance of custody evaluations can help you navigate the legal process and make informed decisions.

Key points to consider about child custody evaluations:

• Evaluations are conducted by licensed professionals
• They provide valuable insight into the child's needs and welfare
• Evaluators consider factors such as parental fitness, child-parent relationships, and the child's adjustment to the home environment
• Their recommendations can influence the court's decision in custody and visitation arrangements

Our experienced Salt Lake City child custody attorneys can guide you through the custody evaluation process and advocate for the best interests of your child. Contact us today for personalized legal assistance.

Who Should I Hire as a Custody Evaluator?

Utah Rule 4-903 for the operations of the courts provides the criteria for custody evaluations in the state of Utah and the required qualifications to serve as a custody evaluator. Generally, the evaluator not only must be a mental health practitioner, but also be clinically certified in their field or, in other words, have worked as a psychotherapist for a period of time.

Courts love it when parties hire a custody evaluator, because the judge’s decision is made a lot easier by considering and weighing the testimony of this kind of expert witness. If an evaluator renders an opinion that a party disagrees with, the evaluator’s opinion can be challenged by a competing expert witness in the mental health field.

However, when parties cannot afford a custody evaluator (the cost usually ranges from $3,000 to $7,000), asking for the court to appoint a private guardian ad litem is a good alternative. A private guardian ad litem is an attorney who has received some training in the area of child advocacy. The guardian will interview the child and other third parties, and they can make a recommendation to the court regarding custody, as well.

What Is a Private Guardian ad Litem (PGAL)?

One option available in a child custody or parent-time dispute is to ask the court to have a private guardian ad litem (PGAL) appointed.

• The PGAL is an attorney who has been trained to report to the court the child’s wishes and to make a recommendation. They are not a trained child custody evaluator, but they can make a recommendation on custody or issues involving abuse, neglect, or virtually any issue which pertains to the best interest of the child.
• A private guardian ad litem is a lot less expensive than hiring a custody evaluator; however, it has been our experience that there is a wide range of competence in panel attorneys serving as guardians ad litem. 

We recommend using one who is a member of the Association of Family and Conciliation Courts (AFCC). This organization is composed of judges, psychotherapists, and family law attorneys who meet periodically to discuss cutting-edge family law issues.

PGAL Recommendations in Utah

Although the court can keep the PGAL on the case for a long time, frequently, PGALs are used for a quick recommendation. They are paid $150 per hour if court-ordered, and each party shares in the payment—the percentage of payment depends upon each party’s ability to pay. The parties can also agree to select a particular PGAL who is on the court roster. The court will frequently follow the recommendations of the PGAL, so their use can be invaluable.

The PGAL statute is Utah Code Section 78A-2-705.

To learn more about your situation, your options, and how our child custody lawyer in Salt Lake City can help you, call Ted Weckel, Attorney at Law at (801) 845-9029 or contact us online.