Custody proceedings can be difficult and complicated. California courts decide custody based on the best interest of the child and although you and your co-parent are encouraged to come to your own custody agreement, this is not always possible.
If you cannot agree, a California court may initiate a custody investigation. This is exactly what it sounds like – an investigation into your situation to determine what is in the best interest of your child.
A custody investigation involves an examination of your past, present and future potential circumstances that impact the needs and best interest of your child. Your parenting skills and relationship with your child will be evaluated.
It is important to recognize that the purpose of a custody investigation is to learn what type of custody arrangement is in the best interest of your child. It is not meant to be a chance for each parent to point out all the other parent’s negative qualities and find out who is to blame for any problems.
The custody investigator’s role
The court appoints a custody investigator to conduct the investigation. California law requires the custody investigator to complete child abuse and domestic violence training and comply with other requirements.
Additionally, the custody investigator must know the factors California courts use when making custody decisions.
The role of the custody investigator is to gather information from both parents and prepare an impartial assessment on what they believe is in the best interest of your child. The custody investigator does not take sides or argue for either parent’s position.
Custody investigations can be full or partial. A court may order a partial custody investigation if there is only one or two specific custody issues to be addressed rather than an entire custody arrangement.
What happens during the investigation
The custody investigator will likely meet with you and your co-parent for an interview. They might interview you more than once. They may also meet with your child at a neutral location, such as a school. Your child might not be interviewed if they are very young, such as under the age of 5.
The custody investigator may talk to third parties, such as teachers, daycare staff, counselors or therapists.
Depending on the situation, you or your co-parent could be asked to undergo a mental health or drug and alcohol evaluation.
There is no specific time for how long a custody investigation takes. It varies with each case. However, many full custody investigations take two to three months.
How to handle a custody investigation
You might not be happy about having to participate in a custody investigation, especially if you do not believe you have done anything to warrant an investigation.
Remember that the investigation is court ordered and therefore you must comply. Turn in all required documents on time, keep your appointments with the investigator and always be honest.
You and your co-parent are always free to come to your own agreement, even once a custody investigation is underway. You can even reach your own agreement after the investigation if neither of you agree with the investigator’s assessment.
If this happens, you should tell the investigator you have reached your own resolution and file your agreement with the court so it becomes an official order.
