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Custody and Parenting Time Studies:
Information for Attorneys
Custody and parenting time studies are among the most
important responsibilities in my practice, as I feel it is my role in these
studies to act as an advocate for the child(ren)'s needs. I utilize my
knowledge of child development and family dynamics in general, together
with the specific circumstances of each family, in order to develop
recommendations which will serve the best interests of the child(ren). I
have no a priori views of either parent being more or less important to the
child(ren) by virtue of age or gender of the child(ren) or their parents.
I do not do custody and parenting time studies that do not involve both
parents, and it is important that both attorneys are communicating as well.
It is my preference to conduct such studies with the mutual agreement of
the attorneys and the parties. I will request a copy of the signed
stipulated court order regarding my performing the custody/ parenting time
evaluation. A $2,500 retainer is required in advance to begin the
evaluation and is due in my office before appointments can be made. The
fees are charged at the hourly rate of $200 for the services of seeing the
parties and the child(ren), reviewing written material, preparation of a
report, telephone conferences with attorneys and contacts with ancillary
parties. The deposit will likely cover my services until the time of
testimony. I ask that whoever wishes to call me as a witness pay the fee
for the testimony in advance or write a letter guaranteeing payment of
such.
Your clients will be asked to sign an informed consent. I expect all of
my communication with the attorneys to be done jointly. If any written
information is provided to me, a copy should be provided to the other attorney.
If there is an attorney appointed for the child(ren), there may be
situations in which it is appropriate to communicate with that attorney
separately from the other attorneys. If at some point an attorney calls me
as a witness, then it is appropriate to have individual conversations.
I will contact a reasonable number of ancillary contacts such as
neighbors, friends and teachers. I will also ask the parties to complete
releases for any professional contacts they or the child(ren) have had in
the past five years.
Typically I share the results of the evaluation via telephone conference
call and written report. In my experience some opportunity for dialogue is
helpful in understanding my recommendations. Generally, clients are not
present for this meeting. Typically it takes six to eight weeks to complete
an evaluation.
If your client becomes represented by another attorney, chooses to
represent him/herself, or if your client moves, it is your client's
responsibility to inform me of the change in representation or whereabouts.
If there has been a significant lapse of time between last seeing the
parties and preparing a report or a significant lapse of time between
preparing a report and appearing for court, I may request additional
updates from each party.
Generally I do not schedule appointments for these updates, rather I
request the parties submit a brief written summary of events that have
transpired since last being seen in this office. I may ask for current
releases for daycare, school, therapy, etc. to be signed as well.
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