What evidence does the judge consider in deciding custody?
The judge considers any evidence you wish to bring to the court’s attention, so long as it is relevant and admissible. One major evidentiary obstacle in custody cases is the bar against hearsay evidence, which often keeps out things the children have said to you about the other parent. Partly for this reason, judges often order a family evaluation from a social worker or psychologist, at the parties’ expense, who will make written recommendations regarding issues of custody, parenting time, and the like. The judge is not bound by this report, and if you disagree with its conclusions, you have the right to hire your own expert to perform another family evaluation for the judge’s consideration.
