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New Rule for Parenting Evaluations

7/17/2013

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There is a new rule for parenting evaluations as of July 1, 2013 the Supreme Court of Idaho has completely changed the method in which custody evaluations are done in Idaho . 

http://www.isc.idaho.gov/ircp16q

The new rule changes:
  • How a custody evaluator can be appointed,
  • Who is qualified to serve as a custody evaluator, 
  • Evidence concerns about admissibility of the report, 
  • Determines what information the custody evaluator can use, and 
  • Allows court to determine how the evaluator will be paid, etc.

In summary, you will need an attorney in order to have a custody evaluation and you should contact one immediately. 

rule_16q_parenting_time_evaluation.pdf
File Size: 558 kb
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Custody Evaluations in High Conflict Custody Cases

3/11/2013

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PLEASE NOTE THE LAW HAS COMPLETELY CHANGED, PLEASE SEE THE OTHER BLOG POST ON PARENTING EVALUATIONS.

In Idaho, a custody evaluation is a formalized process through the court rules to have a therapist, psychologist or psychiatrist evaluate what would be in the best interest of the children, according to their observations and training. If you feel that you need a custody evaluation or anticipate an extended argument regarding custody, please contact an attorney immediately. 

The court has authority to order such evaluation under Physical and Mental Examination of Person I.R.C.P. 35(a) but the Rule is not designed specifically for custody evaluations and attorneys generally file a motion to request an order naming the evaluator, stating who is paying, requiring the parties to cooperate, and addressing the issue of the reports admissability.

Not every case needs an evaluation and the vast majority are resolved without a custody evaluation. 

Only through a discussion between you and your lawyer can a decision be made whether the hire a custody evaluator or not. The cost of an evaluation can really vary greatly from $1000 to $6000 or more. 

STARTING AN EVALUATION.  Your attorney must file a motion to start the evaluation. The court can assign a joint evaluator and divide the cost, or the parties can agree upon an evaluator and a division of cost. In addition both parties can hire their own evaluator or one party can hire an evaluator while the other party does not. 

PROCESS. Typically a custody evaluation involves a mental health professional interviewing both parents, the children with the parents, psychometric testing, interviewing collateral contacts such as grandparents, friends, spouses, siblings, teachers or anyone the parents ask the evaluator to speak to. The evaluator puts his findings into a report and generally makes a recommendation for custody and parenting time. The evaluator can make findings of parental alienation, abuse, neglect or merely craft a schedule that is in that evaluators opinion best for the children.

PICKING AN EVALUATOR. There is more to the decision of which evaluator to hire, than just deciding which evaluator has a better resume. Usually your lawyer has some experience with a particular evaluator or can easily speak to a lawyer that does have experience with that evaluator. Practical experience as to the evaluator's professionalism is usually the most important factor in making a choice. 

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    Call 208.788.9232

    Selim Star

    Selim Star is an attorney in Ketchum, Hailey, Sun Valley Idaho area he can be found on google+ and LinkedIn. .219 South River Street, Unit 202
    Hailey, Idaho 83333 
    208.788.9232   
    208.788.9376 (FAX)  
    EMAIL Star Law Office 

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    PLEASE HIRE LEGAL COUNSEL: Limitations, conditions, and disclaimers: the information contained herein is general information only and that no client-lawyer relationship is created through the posting of this information, your information will NOT be kept confidential as it was posted for all people to see. Additionally no legal advice is being given, as  all factual situations are different and only through the careful review of your factual circumstances with an attorney can the correct course of action be determined. 


    PLEASE CHECK IF LAW IS CURRENT: The law changes quickly please do your research and contact an attorney to ensure that you have the current law. The law as printed here may have changed since posting and the links may have changed. 

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