Florida child custody law permits the court to appoint three different types experts when divorcing parents cannot agree on a parenting plan or when a modification action has been filed. Each of these experts produce a report for the court, but there are big differences in the process, in who will see the report and in how the report can be used. You can ask the judge to appoint any of these experts in your disputed custody case:
- Custody Evaluator
- Social Investigator
- Guardian Ad Litem
There are four major differences between these experts:
- Custody evaluators are licensed psychologists. Social investigations can be performed by psychologists and other licensed mental health therapists as well as unlicensed court staff or child-placing agency staff. Guardians ad litem can be either laypersons trained by the court program or attorneys.
- Custody evaluations are governed by the American Psychological Association’s extensive guidelines for conducting the evaluation. Social investigations are governed by Florida Administrative Rule 64B4-7.006, which speaks to the investigator’s qualifications, not the conduct of the investigation. For layperson guardians ad litem appointed through court GAL programs, the reports must meet program standards. Reports from attorney guardians ad litem are not governed by specific content guidelines.
- Custody evaluators usually conduct psychological or review prior psychological testing. Social investigators may or may not use testing, depending on the qualifications of the investigator. Guardians ad litem cannot conduct testing but may ask the court to order testing by a licensed expert.
- Custody evaluations are considered evidence and must be properly introduced into evidence before the judge can consider them. Social investigations are filed with the court upon completion and are automatically considered by the judge. GAL reports are filed with the court and provided to both sides, but are usually not admissible as evidence because they are filled with hearsay statements.
Florida law permits custody evaluations, social investigations and Guardian ad Litem reports when the parenting plan is in dispute. Know the differences before you ask the judge to appoint any expert to investigate and evaluate your family situation during your Florida divorce or custody modification case.
For more information about Florida family law and to learn about a free Tele-Test Drive Basic Florida Law course, go to http://www.diydivorcefl.com/
Pamela S. Wynn is a Florida family attorney with more than 23 years experience in Florida courts.
- BROWSE / IN TIMELINE
- « Consequences of Divorce - Help Protect Your Children
- » How to Rebuild Your Self Esteem During a Divorce
SPEAK / ADD YOUR COMMENT
Comments are moderated.
You must be logged in to post a comment.
