Illinois Lawyer Referrals and Legal Guidance
604(b) Child Custody Evaluations
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If your Illinois child custody case is contentious – and many are – you’re probably unable to agree on whether you or the other parent should have primary custody. When it comes to your child(ren), it can be impossible to compromise. In these cases, the court will decide, possibly with the help of a “604(b) evaluation.”
Judges are not experts in children’s mental health and development, so before they make a custody decision, they often require a 604(b) evaluation for your child(ren). This is basically a neutral opinion from a child psychologist or psychiatrist on what custody arrangement is best for the child(ren). The evaluator gives an opinion, usually in writing, and the judge relies on this opinion in making his or her final decision. These 604(b) evaluations also can be used to determine issues of visitation and removal (moving children out of state).
The 604(b) evaluator’s job is to determine what is in the best interest of the child(ren). To do this, he or she will interview the child(ren) involved, both parents and/or guardians, and perhaps other adults in their lives. In making his or her recommendation, the evaluator will consider these interviews, as well as documents, and perhaps even psychological testing. The evaluator’s opinion may suggest sole custody with visitation for the other parent, joint custody, or any other arrangement the evaluator determines is in the best interest of the child(ren).
You may be worried about an outsider advising the judge in such an important decision, but 604(b) evaluators are mental health professionals, usually with specific training in child custody issues. Further, they spend a significant amount of time with the child(ren) prior to writing a report. Remember that their decision isn’t set in stone; it’s still up to the judge. And the evaluator can be called and questioned as a witness during trial.
We almost always recommend hiring an attorney if you are fighting over custody. An experienced custody lawyer can help you navigate the process, and particularly the 604(b) evaluation. Child custody cases are long, complex, and extremely emotional. You need someone who not only fights for you, but who understands your point of view as a parent or guardian. If the 604(b) evaluation goes against you, you need an attorney that can point out the mistakes to the Judge.
We believe you should hire an attorney who has a track record of success in child custody cases. We know lawyers across the state of Illinois and will help you find the best one for you. If you would like our help please contact us and we will point you in the right direction.