In any proceeding before the court for custody or visitation of a child, the court may order a custody or a psychological evaluation of any parent, guardian, legal custodian or person standing in loco parentis to the child, if the court finds such evaluation would assist it in its determination. The court may enter such orders as it deems appropriate for the payment of the costs of the evaluation by the parties. The custody evaluator must be qualified to conduct an evaluation as well as conduct a thorough evaluation of the fitness of each parent. The evaluator must also speak to witnesses either identified by the parent or interested parties. Once the evaluation is complete, the custody evaluator is required to submit a report to the court at least ten (10) days before the custody merits hearing. Most custody evaluators have advanced degrees in social work (e.g., MSW), and are qualified to make custody recommendations to the court. Although a judge is not required to follow the recommendations of a custody evaluator, they normally rely on the recommendations in arriving at a determination as to the child’s custody arrangement with each parent.
The custody evaluator also utilizes the factors in Taylor v. Taylor to ensure that the child’s best interest is considered as the determining factor in a pending contested custody case. Maryland Rule 9-205.3 sets out comprehensive prerequisites for “Custody and Visitation-Related Assessments,” including requirements for the selection and qualifications of a custody evaluator. The rule was first adopted by the Rules Committee in 2015 following the Court of Appeals’ decision in Sumpter v. Sumpter, in which the Court suggested that the Committee address issues surrounding access, confidentiality, and admissibility of custody evaluation reports. 436 Md. 74, 92, n.19, 80 A.3d 1045 (2013). The 21 factors in Taylor v. Taylor 306 Md. 290 (1986) are utilized to determine the Best Interest of the Child.
Custody evaluations are extremely complicated and could result in a custody recommendation that you strongly disagree with. If you are in need of an attorney in a custody matter, Lynndolyn Mitchell of Law Offices of Lynndolyn Mitchell PC is exceptionally qualified to serve as your attorney.
