Ohio Child Custody Evaluation – Supreme Court Approves New Rule
Child Custody Evaluations: Ohio Moves to Standardize Qualifications For Mental Health Professionals and Courts
The positives versus the negatives of Court ordered child custody evaluations in a divorce is still subject to debate. I posted a blog article about this controversy on January 7, 2017. Click here to read it. The same opposite positions exist today, 6 years later.
As a seasoned divorce litigator, I will share that in my opinion they can be very helpful in settlement negotiations and ultimately as evidence if custody is litigated at trial. The biggest logistical problem is finding experienced psychologists willing to perform them. That is certainly true, at least in the Dayton area anyway. There are individuals conducting them in the larger cities like Columbus and Cincinnati. This is the subject of frequent frustration of family law and divorce lawyers in Dayton wanting to move forward with this type of evaluation.
WHAT IS THE DIFFERENCE BETWEEN A GUARDIAN AD LITEM INVESTIGATION AND A CHILD CUSTODY EVALUATION?
Here are the links to three past blog articles that we have posted about GAL investigations:
Click here to read about the Updated Guardian Ad Litem Rules in Ohio from December 25, 2021.
Click here to read about The Role and Functions of a GAL in Ohio from September 1, 2018.
Click here to read about Proving that Your GAL is Conducting a Superficial Investigation from July 2, 2016.
Requesting a GAL investigation is a typical starting point when there is a battle over residential parent status or allocation of parenting time. However, that report and recommendation may end up concluding that a more comprehensive child custody evaluation would be beneficial. Often there may be mental health issues of a parent that are beyond the expertise of the Court appointed GAL to evaluate. At that point, divorce lawyers and their clients may well consider going forward with hiring a psychologist to conduct the custody evaluation. A custody evaluator is an objective, impartial, qualified mental health professional appointed by the court to perform a child custody evaluation.
Twenty years ago, child custody evaluations were much more common than they are today. That is not due to there being less custody battles today but rather because of the prevalence of more GAL appointments and the improved training and thoroughness of those GAL investigations.
OHIO’S ATTEMPT TO STANDARDIZE THE QUALIFICATIONS OF CHILD CUSTODY EVALUATORS.
Effective September 1, 2022, the Ohio Supreme Court approved a new rule that provides standards and guidelines for both mental health professionals and courts. Rule 91 of the Rules of Superintendence for Ohio sets forth these new rules to safeguard the well-being of children and families in Ohio’s 88 counties. Prior to this rule adoption there were no statewide court rules to govern the specialty practice of child custody evaluation. Included are licensure, educational and training requirements as well as evaluator responsibilities.
Adopting this rule was certainly a very positive move! In the past, evaluators would be free to conduct the evaluation as he or she thought appropriate without any consistency or uniformity. That left divorce lawyers searching for “good evaluators” who did thorough work.
Click here to read Rule 91 of the Rules of Superintendence for Ohio.
If you find yourself embroiled in a custody battle in divorce court, be sure to seek the opinion of an experienced divorce and custody lawyer in your area.
Experienced, Trusted and Professional Dayton Divorce and Custody Lawyers
Our experienced Dayton divorce lawyers at Holzfaster, Cecil, McKnight & Mues can assist you with your divorce or custody related issues. To learn more, please go to our website at www.hcmmlaw.com or call us at 937 293-2141. We can schedule an in-person conference or one by phone or Zoom. We look forward to assisting you!
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Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
