This document discusses child custody, including joint custody and sole custody. Joint custody means both parents share legal and physical custody rights. Legal custody gives both parents equal rights to make major decisions about the child's education, healthcare, religion, etc. Physical custody refers to the amount of time the child spends with each parent. Sole custody means one parent has primary custody and makes most decisions, while the other parent has visitation rights. The document also describes child custody evaluations, which are conducted by experts to evaluate parents' fitness and make recommendations to courts about custody and parenting plans in the child's best interest.

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2. Child Custody refers to the legal relationship
of a child with the parent. The custody includes
parent’s legal rights to care for, make decisions
regarding child’s education, mental and physi-
cal health conditions and others areas of his
or her life in the process of raising/parenting
the child. It is usually understood that all these
aspects are taken care by the biological parents
of the child, but when they get separated or
divorced, child’s custody gets in dispute and
the court and its laws is involved to determine
these decisions for the child.
Custody may be assigned to either of the
parent or both parents jointly.
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What is Child Custody?

3. Joint Custody: This concept was developed
in 1970s and has 2 parts:
1.a. Joint legal custody: This provides equal
rights for both parents to make main decisions
in their child’s life like:
The child’s education-which school should the
child enroll in, extra-curricular activities- which
sport should the child play, which hobbies could
the child pick and how many times could the
child attend hobby classes.
Health care- in case of emergencies, which
hospital could the child be taken to, protocols
in case child has an emergency- parents to
inform each other about the child’s health,
if the child is undergoing surgery or any
medical procedure, both parent’s consent
is mandatory, else it is disputed in court
leading to loss of custody.
Types of Custody:
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Religious choices: which religion could
the child follow. Incase both parents are of
different religion, the child could practice
both and also explore any other religion
and its practices of choice.
Parents are guided to work together, but if
they find it difficult to work mutually, they
could seek assistance from a parenting
coordinator which the court can provide.
Parenting Coordinator coordinates with
both parents and their lawyers, when ap-
plicable, to come to mutually agreeable
decisions, which are in best interest of
the child.
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1.b. joint physical custody: this directly
refers to the amount of time each parents
spends with their child.
The total time spent with the child is not
necessarily equal- it could be for example:
Child stays with the mother for 5 weekdays
and stays at the father’s house only on the
weekends and the cycle continues. Usually
a cooperative approach between the parents
and the goal to take actions that are in best
interest of the child is helpful.
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Sole Custody

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This means the child is with one parent
most of the time and this parents is the
decision maker in the child’s life. The
other parent may visit the child but
does not have a say in making decisions
in the child’s life. If the visiting parent
wishes to provide suggestions to improve
the child’s life in anyway, they can
approach the lawyers or meet with a
parenting coordinator, if they have
hired one, or write to the court directly
and present the suggestions herself
without the lawyer.
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In case of Sole Custody, the non-custodial
parent (the parent without sole custody)
could get “visitation” arrangements or
“parenting time”.
Under the U.S law, this is entitled only if the
non custodial parents is safe enough to be
with the child. In case this parent is found to
have any history of unsafe behaviours like
commitment of a crime or poses danger to
self or others, a supervised visitation is con-
sidered- where the non custodial parent
spends time with the child only in presence
of any legal guardians of the child, or court
appointed personnel or police. There are
cases where the non-custodial parent is
denied visitations in case they are regarded
not safe enough.
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Also known as ‘parenting evaluation’ is a
legal process, in which a mental health
expert of client’s choice or a court-appointed
expert makes the evaluation.
This usually includes:
Fitness of the client as a parent
Visitation recommendations and
A parenting plan in best interest of the child.
These evaluations are submitted as a report
comprising expert’s findings, recommenda-
tions and opinions on fitness of the client as
a parent.
What is a child custody evaluation?
a)
b)
c)

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When are child custody
evaluations needed?
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Usually when parents are separating or
getting a divorce
When parents can’t reach a custody
agreement despite trying arbitration
Where one parent claims or accuses the
other for being an ‘’unfit parent’’
Where one or both parents are questioned
for their safe practices or may have a history
of harmful behaviors-arrests, crime of any
degree, abusive behaviors towards the child,
each other or others
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When one or both parents have or had
disabilities- with regards to physical health,
mental health or both.
When the child is taken away by the Child
Protective Services and is under care of
the state.
When earlier evaluations are considered
bogus by the court or the client.
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A Judge might assign a custody evaluator to the case.
One’s lawyer could recommend a custody evaluator.
If both of the above are not applicable, either of the
parents can chose a private evaluator.
Check the evaluator for the following :
Years of experience in the field.
Expertise in handing certain kind of cases.
Their profile to understand their credibility.
Seek your attorney’s recommendations.
How to chose a child custody evaluator?
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It is an extensive process of interviewing
with parent, or parents, and the children
in question-only if they are over 18 years
of age.
Evaluators examine previous evaluations,
all the relevant medical and legal records
and give their opinions on them.
In case of children, they might ask for
school reports to understand the child’s
needs. For example, in cases of children
having disabilities, childhood disorder,
their needs are evaluated and considered
for establishing parental fitness.
Evaluation process
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Evaluators may gather collateral information
by contacting client’s concerned hospital or
Doctor, lawyer, neighbours, family members,
babysitter, or any other relevant caregiver.
Every Expert has their own way to deduce
findings- some may use, psychometric or
clinical tests, others may use their clinical
observations, questionnaires or a
combination of all.
After collecting the date, a report is
formulated.
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This is submitted to the lawyer, court
or the organization who has asked
for this evaluation and a copy of it
is sent to the client.
The report includes:
Effects of parent’s individual concerns,
like mental health issues, substance
abuse, etc.
Custody-joint or sole, visitations, and
parenting time in the best interest for
the child’s development.
Child Custody Evaluation Report
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Ways of dealing with conflicts.
Opinions on the shared records.
Information gathered from the collateral.
Data collected from the child, in
interviews, or from the school records.
Recommenations for therapy, medications
for both - individual or family as a unit.
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