Arizona Court and Private Child Custody Evaluation

If you are involved in a divorce with the potential for contested child custody issues, contact Phoenix family law attorney Scott David Stewart for reliable advice and guidance. He can help you understand your legal options in light of your specific circumstances. In some cases, the use of a child custody evaluator can help support your position and advance your child custody objectives.

Your first option in a case involving custody or parenting time disputes is Mediation. At Law Offices of Scott David Stewart, we have had positive experiences in the use of Mediation to resolve disputes. Mediation is a process in which the parties meet with a Mediator to discuss custody and parenting issues. In Mediation, parties may request private mediation or Mediation through the Court's Conciliation Services program. Like many things, there are "pros" and "cons" to both private Mediation and Mediation through Conciliation Services.

In Mediation through Conciliation Services, there is no cost involved. Each party attends (no attorneys). A court appointed conciliator attempts to help the parties reach agreements regarding legal custody and a parenting time schedule that benefits not only you but your children. Mediation is confidential and no one, including the Judge, will know what the parties discussed during the confidential Mediation. However, if you desire Mediation through the Court's program, contact Law Offices of Scott David Stewart to learn of how you can seek this valuable Court resource. However, due to Court congestion, parties may have to wait weeks, if not months, to obtain your first Mediation appointment.

Private Mediation is beneficial because all issues in a divorce may be discussed, not just parenting and custody issues. Attorneys can attend if requested. With private mediators, there is generally less of a wait time than with Mediators in the Court's Conciliation Services program. However, there is a fee for private Mediation. Contact Law Offices of Scott David Stewart about which option may be best for you.

If parties can reach agreement in Mediation, it is very possible no Court date will be necessary to resolve the custody aspect of your case. By reaching agreement in mediation, the parties have successfully maintained "control" of the terms of the agreement, as opposed to risking how the terms will be dictated by a Judge as a result of a trial.

Custody Evaluation

Unlike many other states, Arizona does not routinely require child custody disputes to go to mediation before the family law judge will hear a motion on conflicting claims. While parties can request Mediation, for a variety of reasons, the Court has the discretion to deny requests for Mediation. Additionally, if a party or the parties believe that Mediation would be beneficial, each party may request a custody evaluation. Typically, if there are custody and parenting time issues, the Court is likely to grant a request for custody evaluation.

The main difference between mediation and evaluation of child custody issues is that in mediation, a neutral third party hears each spouse's case and tries to assist the parties in reaching a voluntary agreement. The Mediation process is confidential. If there is no agreement, the Court is simply advised that no agreement was reached. However, in a custody evaluation, the evaluator reports their recommendations on legal custody and parenting time to the Court.

Similar to Mediation, parties have a private evaluator option and the Court's Conciliation Program option. Each option has its own benefits.

The Court's program is free of charge. The Court Ordered program would involve a court appointed conciliator attempting to assist the parties in reaching agreements; however, the conciliator prepares a report and makes recommendations regarding legal custody and physical custody which will be provided to the Judge, both parties and their attorneys if represented. However, like Court Ordered Mediation, it takes probably 45-60 days to obtain your first appointment.

You also have the option of a private evaluation by a child psychologist. This is a more in depth study where both parties would meet with the evaluator 2-3 times and perhaps with the child. The evaluator provides a detailed report and recommendation to the Court regarding legal custody, physical custody and parenting time. Private evaluation can cost anywhere between $2,500 to $7,500.

Contact Law Offices of Scott David Stewart about which option is most beneficial to you. The Law Offices of Scott David Stewart has been involved in cases involving custody evaluation and can assist in preparing you for this difficult and stressful process.

While the Court is not required to automatically follow the recommendations of the evaluator's report, the report's recommendations will carry great weight with the Court.

Phoenix child custody lawyer Scott David Stewart can help you understand the child custody evaluation process and prepare for working with the evaluator, whether private or court-appointed. For additional information about the opportunities and risks of a child custody evaluation in your specific circumstances, contact the Law Offices of Scott David Stewart.