How Utah Courts Use Custody Evaluations in Family Law Decisions

A custody dispute is one of the most stressful experiences a parent can face. When parents cannot agree on custody and visitation arrangements, Utah courts may order a custody evaluation — a formal psychological assessment that gives the judge an independent, evidence-based perspective on what custody arrangement best serves the child's interests.

Understanding the evaluation process in advance reduces anxiety, helps you prepare, and ensures you show up as the parent you actually are. Here's what you need to know about custody evaluations in Utah.

What Is a Custody Evaluation?

A custody evaluation (also called a parental fitness evaluation or child custody evaluation) is a formal psychological assessment conducted by a licensed psychologist to assist the court in determining custody and visitation arrangements. Under Utah Code § 30-3-35.5, evaluators must hold licensure as psychologists or clinical social workers and operate under court appointment.

The evaluator's role is not to be an advocate for either parent. Their sole professional obligation is to provide the court with objective, evidence-based findings about what custody arrangement best promotes the child's wellbeing. The American Psychological Association's Guidelines for Child Custody Evaluations in Family Law Proceedings establish the professional standards that govern this work.¹

What Do Custody Evaluators Assess?

A thorough custody evaluation examines multiple domains relevant to the child's best interests:

Parenting Ability and Practices

The evaluator assesses each parent's ability to meet the child's physical, emotional, developmental, and educational needs. This includes parenting knowledge and skill, consistency of caregiving, discipline practices, and the ability to adapt to the child's developmental stage.

Parent-Child Relationships

Direct observation of parent-child interaction is a core component of custody evaluations. Evaluators observe attachment quality, communication patterns, emotional responsiveness, and the degree to which each parent supports the child's connection to the other parent.

Psychological Functioning of Each Parent

Psychological testing (typically the MMPI-3 or similar instruments) and clinical interview assess for mental health conditions, personality factors, substance use, and the degree to which any psychological issues affect parenting capacity. The presence of a mental health condition is not disqualifying — what matters is how it is managed and its impact on parenting.

Child's Needs, Adjustment, and Preferences

Depending on the child's age and maturity, the evaluator may interview the child individually and observe the child separately with each parent. Utah courts consider children's preferences but do not treat them as determinative — the evaluator assesses whether preferences appear genuine or coached.

Co-Parenting Capacity

The ability of each parent to support the child's relationship with the other parent is one of the most heavily weighted factors in Utah custody decisions. Evaluators assess each parent's willingness to facilitate visitation, avoid disparaging the other parent in the child's presence, and communicate cooperatively.

Safety Concerns

Allegations of domestic violence, child abuse, substance abuse, or mental instability are carefully investigated through psychological testing, records review, collateral interviews, and risk assessment instruments.

The Custody Evaluation Process: Step by Step

Step 1: Court Appointment and Intake

The court issues an order appointing the evaluator and outlining the scope of the evaluation. CPS coordinates intake with both parties, obtains necessary consents and releases, and collects an initial fee retainer.

Step 2: Individual Parent Interviews

Each parent is interviewed separately — typically two to three sessions — covering parenting history, relationship history, concerns about the other parent, and their vision for a custody arrangement. These are not adversarial — evaluators assess how each parent presents, communicates, and reflects on themselves.

Step 3: Psychological Testing

Both parents complete psychological testing, including standardized personality and symptom inventories. Testing results help the evaluator identify psychological factors that may be relevant to parenting capacity or risk.

Step 4: Child Interviews and Observations

The evaluator interviews the child (age and developmentally appropriate) and observes parent-child interactions with each parent. For young children, play-based observation methods are used. Observation sessions typically occur at the CPS office.

Step 5: Home Visits (if ordered)

Some evaluators conduct home visits to assess each parent's living environment — safety, sleeping arrangements, and overall suitability for the child. Whether home visits are included depends on the scope of the court order.

Step 6: Collateral Contacts

The evaluator contacts collateral sources — teachers, coaches, pediatricians, therapists, grandparents — with the appropriate releases. Collateral contacts provide outside perspectives on each parent's involvement and the child's functioning in various settings.

Step 7: Records Review

Medical records, school records, police or court records, CPS records, and prior psychological evaluations are reviewed as part of a comprehensive evaluation.

Step 8: Written Report

The evaluator compiles findings into a comprehensive written report that includes background information, methodology, findings across each domain, and specific recommendations for legal and physical custody, parenting time, and any other issues relevant to the child's welfare. This report is submitted to the court and provided to both attorneys.

How Utah Courts Use Custody Evaluations

Custody evaluation reports are treated as expert opinion evidence. The evaluator may be called to testify at a custody hearing or trial and may be cross-examined by both attorneys. Courts are not required to follow the evaluator's recommendations — a judge makes the final custody determination based on the totality of evidence.

However, in practice, Utah judges give substantial weight to thorough, well-supported custody evaluation reports, particularly in high-conflict cases. Research published in the Family Court Review found that courts follow custody evaluator recommendations in approximately 70–80% of cases where a formal evaluation is conducted.²

What Parents Should Know Before Their Evaluation

Parents often ask how to "do well" in a custody evaluation. Our advice:

• Be honest. Evaluators are trained to detect inconsistency. Exaggerating the other parent's faults or minimizing your own makes a poor impression and undermines credibility.
• Don't coach your child. Coaching is one of the most harmful things a parent can do — and evaluators are trained to recognize it. It backfires and damages your case.
• Focus on your child, not the dispute. Parents who demonstrate child-centered thinking — prioritizing the child's needs over winning — consistently make stronger impressions.
• Be cooperative. Respond promptly to scheduling requests, complete testing as asked, and treat staff respectfully. Difficult, unresponsive behavior is noted.
• Bring documentation if relevant. School report cards, medical records, activity schedules, and photos of your home environment can be helpful context.