Answering Your Questions About Child Custody Evaluators

 Posted on March 26, 2025 in Child Custody

When parents cannot agree on how to divide parenting time (visitation) or parental responsibilities (decision-making authority) after a divorce or separation, the court may bring in a child custody evaluator to help determine what arrangement would be in the child’s best interests. This can feel overwhelming, especially if you have never been through a custody case before.

Below, our Illinois child custody lawyers answer some of the most common questions about custody evaluators in Illinois to help you better understand what to expect, as well as what you can proactively do to protect your role in your child’s life.

What Is a Child Custody Evaluator?

A child custody evaluator is a professional — usually a licensed psychologist, social worker, or other mental health expert — who is appointed by the court to evaluate the family situation and make recommendations about parenting time and decision-making responsibilities. In Illinois, this process is governed by Section 604.10 of the Illinois Marriage and Dissolution of Marriage Act.

Evaluators are not part of either parent's legal team. Even though one or both parents must pay custody evaluators’ fees, they work for the court and are expected to provide an objective opinion based on their training and the evidence they gather.

When Does a Judge Appoint a Custody Evaluator?

A judge may appoint a custody evaluator when:

• The parents cannot agree on how to divide parenting time or responsibilities.

• One or both parents make allegations of abuse, neglect, or substance use.

• There are questions about either parent’s mental health or parenting ability.

• A child appears to be struggling emotionally or behaviorally during the divorce process.

Sometimes, both parents agree to an evaluation. In other cases, the court decides it is necessary even if one parent objects. In standard divorce cases, child custody evaluators are usually not involved, even if parents have a tough time getting along. Custody evaluators are more often involved when there are serious concerns about one or both parents’ ability to care for a child or doubts about the truth of parents’ claims about each other. 

What Does a Custody Evaluator Actually Do?

Custody evaluators gather information from many sources to help the judge presiding over a case make a decision. Their process often includes:

• Interviewing each parent separately to understand his or her parenting style and concerns.

• Interviewing the child or children, if they are old enough.

• Observing parent-child interactions in each parent’s home.

• Observing the setup of the home, including whether it is a safe, appropriate space for a child to grow up in. 

• Speaking with other relevant adults, such as teachers, doctors, therapists, or extended family members.

• Reviewing medical, school, and psychological records.

• In some cases, performing psychological testing.

The custody evaluator will write a detailed report for the judge, summarizing the custody evaluator’s findings and offering a recommendation for parenting time and decision-making responsibilities.

Are Custody Evaluators Always Impartial?

They are supposed to be, yes. Custody evaluators are bound by ethical and professional standards, and they are required to act neutrally. Illinois law also requires that the custody evaluator disclose their qualifications, methods, and any potential conflicts of interest.

That said, custody evaluators are human. They may bring unconscious bias to their work, or they may be influenced by incomplete or misleading information. If you feel that the custody evaluator is not acting fairly, you have the right to raise those concerns through your attorney.

What Can I Do If I Think the Custody Evaluator Is Biased?

If you suspect bias, take it seriously but proceed carefully. Some steps your attorney might take include:

• Filing a motion with the court objecting to the custody evaluator’s appointment or report.

• Requesting a second opinion from another qualified custody evaluator.

• Cross-examining the custody evaluator at trial to uncover inconsistencies or questionable methods.

• Presenting your own evidence, such as witness testimony, documentation, or expert reports.

Judges are not required to follow the custody evaluator’s recommendation. They are supposed to weigh all the evidence and make their own determination.

What If I Disagree With the Custody Evaluator’s Report?

You can challenge the report in several ways. Your attorney can:

• Cross-examine the custody evaluator during a hearing or trial.

• Highlight factual errors, flawed reasoning, or failure to consider important evidence.

• Call other witnesses, such as teachers, therapists, or family members.

• Request a supplemental evaluation from a different expert.

The Judge will consider your objections and weigh them against the custody evaluator’s findings and the rest of the case record.

How Do I Make a Good Impression on a Custody Evaluator?

There is no script, but there are ways to present yourself well:

• Be truthful, even about difficult topics.

• Avoid badmouthing the other parent.

• Remain calm and cooperative.

• Be prepared to discuss your child’s routine, needs, and interests.

• Make sure your home is clean, safe, and child-friendly.

The custody evaluator wants to understand your parenting strengths and your child’s needs. Acting respectful and engaged helps demonstrate your fitness as a parent.

What Should I Tell My Kids About the Evaluation?

Keep it age-appropriate and positive. Let your children know that someone is going to talk with them and their parents to help figure out the best plan. Avoid putting them in the middle or telling them what to say.

You might say: "Someone is going to visit and talk to us about how things are going. Just be yourself and answer honestly." Do not coach your child or pressure them to "pick sides." Custody evaluators are trained to notice when children seem rehearsed or uncomfortable.

Can My Child Decide Which Parent to Live With?

No, not entirely. The court may consider a child’s wishes, especially if the child is older and mature enough to express a well-reasoned preference. However, this is just one of many factors considered under Illinois law.

The ultimate decision belongs to the judge, who will weigh the child’s preference along with each parent’s ability to provide care, the child’s needs, and other factors.

How Long Does a Custody Evaluation Take?

The timeline varies, but most evaluations take several weeks to a few months. More complex cases may take longer, especially if psychological testing is involved or if one parent is uncooperative. Delays can also occur if the custody evaluator has a busy schedule. Your attorney can help you manage expectations and make sure the process stays on track.

Will the Custody Evaluator’s Report Be Shared With Me?

Yes. Both parties (and their attorneys) are entitled to see the custody evaluator’s report. This gives you the opportunity to review the findings, prepare for court, and decide whether to challenge any parts of the report. In some cases, the custody evaluator may be called to testify and explain their recommendations in more detail.

Can I Refuse to Cooperate With a Custody Evaluation?

You can refuse, but it is not recommended. Refusing to participate can hurt your credibility with the court and may give the impression that you have something to hide.

The custody evaluation will likely move forward without your input, and the final report may reflect negatively on your parenting ability due to lack of cooperation.

Is the Custody Evaluator’s Report Public?

No. The report is part of the court file, but it is not accessible to the public. Judges take privacy seriously in family law matters, and efforts are made to protect sensitive information about children and families.

Can I Record My Interactions With the Custody Evaluator?

Illinois is a two-party consent state. This means you cannot legally record a conversation unless everyone involved agrees to the recording. Secretly recording your meetings with the custody evaluator could violate state law and may be used against you in court.

Beyond the legal risks, recording your custody evaluator may make you appear hostile or distrustful, which could negatively affect your evaluation.

How Much Does a Custody Evaluation Cost?

Costs vary depending on the custody evaluator, the complexity of the case, and the amount of work involved. Some evaluations may cost a few thousand dollars, while others can exceed $10,000. The court may order one or both parents to share the cost. Judges can consider each parent’s financial situation when assigning responsibility for fees.

Can My Lawyer Talk to the Custody Evaluator?

Usually, no. Attorneys are generally not allowed to contact the custody evaluator directly unless the court grants permission. This ensures that the custody evaluator remains neutral and avoids the appearance of influence or bias. Communication usually happens through formal court procedures, such as depositions, written reports, or in-court testimony.

Will the Judge Always Follow a Custody Evaluator’s Recommendation?

No. The custody evaluator’s opinion is just one piece of evidence. The judge is not required to adopt it. In fact, the law says that the court must consider a broad range of factors, including:

• The needs of the child

• The ability of each parent to meet those needs

• The willingness of each parent to support the child’s relationship with the other parent

• Any history of abuse or neglect

If the custody evaluator’s recommendation conflicts with the judge’s assessment of the facts, the judge may choose a different outcome.

What If I Think the Custody Evaluation Is Hurting My Case?

Speak to your attorney right away. If the report contains false statements, unfair conclusions, or signs of bias, you may be able to:

• Challenge the report’s admissibility

• Present expert testimony refuting the conclusions

• Introduce new evidence showing your strengths as a parent

Waiting too long to respond to a negative evaluation can make it harder to counter its impact.

Can I Ask for a Custody Evaluation?

Yes. If you believe a custody evaluation could support your case — for example, by showing concerns about the other parent's mental health, home environment, or parenting style — you can ask the judge to order one.

However, there are risks. Evaluators examine both parents, and you will be subject to the same scrutiny. A request for evaluation may also prolong the case and increase legal expenses.

Before asking the court for a custody evaluator, talk to your attorney about:

• What you hope to gain from the evaluation

• The strength of the current evidence

• The potential downsides

In some cases, alternative tools like parenting coordinators, mediation, or a guardian ad litem (GAL) may be more appropriate.

Contact an Elmhurst, IL Child Custody Attorney Today

Custody evaluations can have a major impact on your case, but you do not have to face the process alone. The DuPage County, IL family law attorneys at Weiss-Kunz & Oliver, LLC have experience guiding parents through every stage of Illinois custody disputes — including cases involving custody evaluators. We will help you understand your rights, prepare for the evaluation, and make sure your voice is heard. Call us today at 312-605-4041 to schedule a consultation.