Requesting a Custody Evaluation in North Dakota
In North Dakota, a custody evaluation is a process that may be requested by either party or ordered by the court in a divorce or custody dispute. This process involves an impartial third-party professional conducting an investigation to determine what custody arrangement would be in the best interest of the child(ren) involved. This article will provide a detailed overview of how to request a custody evaluation in North Dakota, referencing the relevant North Dakota Century Code and court rules.
Understanding the Role of a Custody Evaluator
A custody evaluator, often referred to as a parenting investigator in North Dakota, plays a crucial role in child custody proceedings. According to the North Dakota Century Code 14-09.4-06, the evaluator is tasked with interviewing relevant parties, observing the child and parent interactions, and preparing a detailed report on the child’s best interests. This report must be filed with the court and served to the parties at least 30 days prior to the hearing.
The evaluator may also recommend psychological evaluations, psychiatric evaluations, physical evaluations, parenting evaluations, chemical dependency evaluations, or other evaluations as appropriate. They are also required to attend all court proceedings unless excused by the court and testify when requested. However, they may not call a witness, question a witness, file a motion, or act as a legal advocate.
How to Request a Custody Evaluation
To request a custody evaluation in North Dakota, a party must file a motion with the court. This motion should clearly state the reasons for requesting the evaluation and how it would serve the child’s best interests. It’s important to note that the court has the discretion to order a custody evaluation even if neither party requests it, especially if the court believes it’s necessary to determine the child’s best interests.
Costs and Expenses
The costs associated with a custody evaluation can be substantial, as they often involve professional fees for the evaluator’s time and expertise. According to the North Dakota Century Code, travel and other necessary and reasonable expenses incurred under the custody evaluation process may be assessed against the parties according to the law of the state.
Post-Evaluation Process
Once the custody evaluation is complete, the evaluator will file a report with the court and serve it to the parties. This report will include the evaluator’s conclusions and recommendations, as well as the facts upon which they are based. The parties will have the opportunity to review the report and prepare for the hearing. At the hearing, the parties may cross-examine the evaluator and any person whom the evaluator has consulted.
In conclusion, requesting a custody evaluation in North Dakota involves filing a motion with the court, undergoing the evaluation process, and participating in the post-evaluation process. It’s crucial to consult with a legal professional to understand the implications of a custody evaluation and to ensure that the process is carried out in accordance with the North Dakota Century Code and court rules.