Strictly speaking, a custody evaluation is not “necessary.” If both parties have agreed to it, and for some reason the evaluation has not been performed, the court is likely to order it upon motion of either party. If both parties have not agreed to a custody evaluation, the court may nonetheless order that it be performed. If both parties initially request (in the original complaint and answer/counterclaim) a custody evaluation and then both parties agree to drop it and the parties can agree on custody in the form of a consent order, the court will likely not order the custody evaluation. The facts of your particular situation should guide you in your determination.
Dear colecam:
Greetings. No, a custody evaluation is not a necessary step in a custody dispute. Yes, it may be dropped if both parties agree. The bottom line here is that a custody evaluation is performed to assist the court with understanding all the emotional/mental health issues that are present in any given situation. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Is this a necesary step in a custody dispute. If both parties initially stated in their suit that this was to be done, based on atty advise–can it be dropped by either party. What are the pros and or cons. Question is go directly to court for trail or have the evaluation done and then go to court??