When you’re in the middle of a custody dispute in New York, a judge may order a forensic child custody evaluation. These evaluations are designed to help the court determine what custody arrangement is in the best interests of the child. Understandably, the process can feel overwhelming—especially if you’re not sure what to expect or how to present yourself in the chaos of divorce.
This guide breaks down the custody evaluation process in New York and gives you actionable steps to prepare—so you can walk in with confidence and advocate effectively for your child’s best interests.
What Is a Child Custody Evaluation?
A child custody evaluation (also called a forensic evaluation) is a formal investigation conducted by a licensed mental health professional. The evaluator may be appointed by the court or selected jointly by both parties. Their goal is to assess each parent’s fitness and make custody recommendations based on the child’s emotional, psychological, and developmental needs.
The evaluator gathers information through interviews, observations, psychological testing (when applicable), and a review of documents like court filings, school records, and medical histories.
When Is an Evaluation Ordered?
Judges don’t automatically order custody evaluations. But if custody is contested and there are serious concerns—such as mental health issues, substance abuse, allegations of neglect or abuse, or simply deep disagreements about what’s best for the child—the court may rely on an evaluator’s report to make informed decisions.
What Does the Evaluator Look For?
In New York, the evaluator’s primary concern is the best interests of the child. This standard includes:
- Each parent’s ability to provide a stable, nurturing environment
- The child’s emotional bond with each parent
- The mental and physical health of both parents and the child
- Each parent’s willingness to foster a relationship with the other parent
- Any history of domestic violence or substance abuse
- The child’s preferences (depending on age and maturity)
Evaluators also observe parenting styles, communication patterns, and how each parent interacts with the child during scheduled sessions.
How to Prepare: What to Expect and What to Do
A child custody evaluation isn’t a test to “pass” or “fail”—but it is a critical opportunity to demonstrate your parenting strengths. Here’s how to prepare:
1. Stay Child-Focused
Your main priority should be showing that you have your child’s best interests at heart. Avoid using your time with the evaluator to attack your ex. If you have legitimate concerns about the other parent’s behavior, state them calmly and back them up with facts. But always bring the focus back to your child’s needs, routines, and well-being.
Example: Instead of saying “My ex is lazy and irresponsible,” say “I’m concerned about the missed doctor appointments because it affects our son’s asthma treatment.”
2. Be Honest—Not Perfect
Don’t try to come across as a flawless parent. Evaluators can usually tell when someone is exaggerating or being disingenuous. It’s better to acknowledge your challenges and explain how you’re addressing them.
Example: “I’ve been learning better ways to communicate with my child during tantrums by working with a parenting coach.”
Admitting growth shows maturity and a genuine investment in your child’s well-being.
3. Be On Time and Prepared for All Appointments
Custody evaluations usually involve multiple appointments over several weeks. There may be:
- Interviews with you and the other parent (separately and/or jointly)
- One-on-one interviews with your child
- Observation sessions with you and your child together
- Home visits
- Possible psychological testing
Arriving late, missing appointments, or seeming disorganized can reflect poorly on your reliability as a parent. Make childcare arrangements, take time off work if needed, and treat every session like it matters—because it does.
4. Keep Your Home Clean and Safe
If a home visit is part of the evaluation, the evaluator will assess whether your space is safe and suitable for your child. You don’t need to stage it like a real estate showing, but make sure:
- Dangerous items are stored properly
- The child has their own bed or sleeping space
- The home is clean and reasonably organized
- There are age-appropriate toys, books, and activities
- There’s evidence of healthy routines (e.g., a calendar, chore chart, fridge with nutritious food)
5. Watch What You Say Online
Your social media presence may be reviewed or referenced during a custody dispute. Avoid posting anything inflammatory, inappropriate, or that contradicts your parenting claims. This includes:
- Photos of drinking or partying
- Rants about the other parent
- Sarcastic or angry parenting memes
- Anything that could be used to question your judgment
When in doubt, set your accounts to private and keep things family-friendly.
6. Bring Supporting Documentation
If you’ve been involved in your child’s education, healthcare, or extracurriculars, bring records to show it. Examples include:
- Report cards
- Attendance at parent-teacher conferences
- Medical visit logs
- Therapy notes (with permission)
- Schedules or parenting time journals
These documents reinforce your commitment and involvement.
7. Avoid Coaching Your Child
It can be tempting to “prepare” your child for their interview with the evaluator, especially if they’re nervous. But don’t instruct them on what to say. Evaluators are trained to spot rehearsed answers. Instead:
- Reassure your child they’re not in trouble
- Let them know the evaluator wants to understand how they’re feeling
- Emphasize that it’s okay to be honest
8. Stay Respectful Toward the Evaluator and the Other Parent
Even if you disagree with the process—or feel your ex is being manipulative—maintain your composure. The evaluator is assessing not just your parenting, but your ability to manage conflict and communicate effectively. If you’re hostile, evasive, or rude, it may count against you.
What Happens After the Evaluation?
Once the evaluation is complete, the evaluator will write a detailed report for the judge. This may include:
- A summary of interviews and observations
- Psychological findings (if applicable)
- Observations about the child’s relationship with each parent
- Custody and visitation recommendations
In New York, the report is often given significant weight in the judge’s final decision. However, it’s not legally binding. If you disagree with the evaluator’s findings, your attorney may cross-examine them in court or present evidence to challenge their conclusions.
Take It Seriously, But Don’t Panic
A custody evaluation can feel intrusive, but try not to let nerves get the best of you. Remember: the evaluator’s job is not to pick a “winner” but to understand your child’s needs and determine which environment best supports their development.
If you stay focused on your child, show honesty and stability, and prepare with intention—you’ll give the evaluator a clear picture of the loving, capable parent you are.
Need Help Preparing for a Custody Evaluation in New York?
At Brian D. Perskin & Associates, we’ve helped hundreds of New York parents navigate the custody evaluation process with confidence. From preparing documents to coaching you through your interviews, we’ll make sure you’re fully prepared to put your best foot forward.
Contact us today for a confidential case evaluation and protect your role in your child’s future.