A number of jurisdictions govern child custody evaluations with detailed statutory or rule-based requirements.1 New York has failed to do so notwithstanding recommendations from the Matrimonial Commission.2 This void renders the order which appoints a designated mental health professional to conduct an assessment a critically important document.3 Too often, little if any real thought is put into the construction of these appointment orders. Sometimes little more than a direction “to conduct a custody evaluation” is set forth.

Given the potential impact that an evaluation can have on the future trajectory of the lives of parents and their children, these orders deserve more considered thought than they are often given. This and ensuing articles will examine a number of important components that can bring greater clarity and coherence to the custody evaluation process.4

Acceptance and Compliance

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