Getting Yourself Ready for a Home Study

If you’re involved in a contentious divorce or child custody dispute, understanding the role of a home study in a child custody case is crucial. A home study is an essential part of the process, designed to assess the suitability of a parent’s home environment and ensure it meets the child’s emotional, physical, and psychological needs. Whether you’re currently facing a custody battle or anticipate one, knowing what to expect from a home study will help you better prepare and navigate the complexities of your case. Being informed about this process can empower you to handle the situation with confidence and clarity.

While it can be overwhelming to consider the possibility of a stranger coming into your home, “studying” you, and then making determinations that can affect the outcome of your case, the attorneys with the Law Office of Bryan Fagan, PLLC would like to help you understand and plan for this stage of your case.

From my experience, I can relate to you that one of the most, if not the most, important factors that a judge will use to decide a child custody matter on behalf of two parents is the utilization of a home study.

The results of the home study and the evaluation of you and your home can lead to significantly different outcomes. During the heat of a divorce or child custody case, you may not have time to prepare thoroughly for the day that a social worker or amicus attorney comes to visit you. Therefore, now is the best time to prepare for this important event.

A Child Custody Evaluation in Detail

In highly contested child custody cases, the court may order a child custody evaluation. This allows the judge to examine the specific circumstances of both your home life and that of the opposing party. Suppose you and your spouse cannot agree to a possession schedule, conservatorship rights/duties, or any other issue related to your children. In that case, possession schedule, conservatorship rights/responsibilities, or any other matter related to your children, a child custody evaluation may be in your future.

Since a judge only sees a limited perspective of you and your spouse in the courtroom, the child custody evaluation offers a more thorough examination of your home life. The evaluation will assess your interactions with your children, your relationship with your spouse, and your child’s specific needs. If past events are relevant, the evaluator will investigate those through interviews and other methods. By the end of the process, the evaluator will have thoroughly examined both the tangible and intangible aspects of your life to assist the judge in determining the best living situation for your children.

Who is the child custody evaluator?

In your child custody or divorce case, the evaluator will be an unbiased party who has no prior relationship with either you or your opposing party. The evaluator will compile their findings into a detailed report. The judge will rely heavily on this report to make informed decisions about custody arrangements.

That is if your case makes it to a trial. Often the results of an evaluation will convince one side or the other (or sometimes both sides) in a child custody case to settle before even reaching the courthouse steps.

I should point out that the evaluator does not act as the ultimate decider of anything. While they will likely be a professional therapist, counselor, or even an attorney, their recommendations are just that- recommendations. Ultimately, the judge will make the final determinations in your case.

There is no advocating the evaluator does that on behalf of either you or your opposing party. It can sometimes feel that way, based on what prior clients have told me, but from my experience, these evaluators are very straightforward and objective most of the time.

The Child Custody Evaluator’s Report

Once the evaluations of both your and your opposing party’s homes are complete, the child custody evaluator will prepare a report outlining their findings and recommendations. This report will address issues such as conservatorship, possession, and access. The evaluator carries a significant responsibility in compiling this information. If your case proceeds to trial, the court will admit the report’s contents into evidence. Judges place a lot of weight and emphasis on the evaluations contained in the report.

How in-depth does an evaluation get?

If your child custody case presents issues requiring further investigation, the judge will likely direct the evaluator to concentrate on those specific concerns. For example, suppose there are allegations against you that you were abusive or neglectful of your child. In that case, abusive or neglectful of your child, then it is probable that an evaluator will focus on how you interact with your child and look at your home to determine if there are any conditions in existence that could harm your child or put them in danger.

The evaluation will assess both your parenting and that of your opposing party. Each of you will be judged independently, but you will not be compared directly against each other.

Before you consider putting on a “show” for the evaluator to show them how you and your children interact, be aware that this will likely not be the evaluator’s first experience in a home environment. As a result, your actions may come through loud and clear and hollow and façade-like. I would recommend that you conduct yourself in a typical manner for yourself. You will feel better about the study, and so will your children.

Conclusion

A home study in a child custody case is a vital component in evaluating whether a parent’s home environment meets the needs of the child and aligns with their best interests. By understanding the purpose and process of this evaluation, you can better prepare and present a compelling case. A well-conducted and thorough home study can have a significant influence on the court’s decision, so it’s essential to approach it with transparency and careful preparation. Taking the time to ensure the study accurately reflects your home environment will help secure the best possible outcome for your child’s future.

The different types of child custody evaluations will be discussed in tomorrow’s blog post from the Law Office of Bryan Fagan, PLLC.

If you’re keen to learn more about child custody evaluations, be sure to visit our blog tomorrow for further insights on the topic.

If you have questions about custody evaluations or any other subject in family law, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC, today. Our licensed family law attorneys handle divorce and child custody cases that involve evaluations regularly and would be happy to share additional knowledge with you. A consultation is free of charge and is available six days a week.

Ebook

If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”

If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: “13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!”

Other Articles you may be interested in:

1. Preparing for a Social Study During Your Divorce or Child Custody Case
2. The Importance of a Reference Letter During a Child Custody Home Study
3. What Happens During the Home Visit Portion of Social Study
4. The effect of a child custody evaluation on your family law case
5. Types of child custody evaluations and the details associated with an investigation
6. Modifying a child custody order: A how-to guide for Texas parents
7. Where will my child’s custody case need to be filed?
8. Tips on giving in-court testimony in your divorce or child custody case
9. Can a Parent remove My Child from the state of Texas or from the County or Country where I am living?
10. Children’s Passports and International Travel after Texas Divorce
11. Child Custody Basics for Texas Parents Revisited
12. Child Custody Basics in Texas

Law Office of Bryan Fagan, PLLC | Spring, Texas Child Custody Lawyers

The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding child custody, it’s essential to speak with one of our Spring, TX Child Custody Lawyers right away to protect your rights.

Our Child Custody lawyers in Spring, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.

Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.