Utah Code Section 30-3-11.5 establishes the qualifications and requirements for custody evaluators in Utah child custody cases. Evaluators must hold at minimum a master’s degree in a mental health field, have specialized training in child custody assessment, and be appointed by the court to conduct a neutral, independent evaluation of the family to assist the court in determining the child’s best interest.
Last updated: July 2026
Key Takeaways
- Custody evaluators under Section 30-3-11.5 must meet minimum qualifications including at least a master’s degree and specialized training.
- The evaluator is appointed by the court and must be neutral and impartial throughout the evaluation process.
- The cost of the evaluation is typically shared between the parents and can range from $3,000 to $15,000 or more.
- The evaluation report includes findings, analysis, and recommendations regarding custody and parent-time.
- Both parents have the right to review the report and cross-examine the evaluator at trial.
Custody evaluators play a pivotal role in contested Utah custody cases. Their reports often carry significant weight with the court, particularly in cases involving complex issues such as parental alienation, mental health concerns, or competing allegations between the parents. Understanding who these professionals are, how they are selected, and what their reports contain is essential for any parent facing a custody evaluation.
Not every custody case requires an evaluation. Courts order evaluations when the evidence indicates that an expert assessment would help the court make a more informed custody decision. Evaluations are most common in high-conflict cases, cases involving serious allegations, and cases where both parents present compelling evidence supporting their proposed custody arrangements.
What qualifications must a custody evaluator have under Utah Code Section 30-3-11.5?
Utah Code Section 30-3-11.5 requires that custody evaluators possess at minimum a master’s degree in a clinical mental health field such as psychology, social work, marriage and family therapy, or counseling. Many evaluators hold doctoral degrees (Ph.D. or Psy.D.) in clinical or forensic psychology. The evaluator must also complete specialized training in child custody assessment, family dynamics, child development, and the legal standards for custody determination.
The Utah Judicial Council establishes the specific qualification requirements. Evaluators must demonstrate competence in administering and interpreting psychological tests, conducting clinical interviews, and writing forensic reports. They must also complete continuing education to maintain their qualifications. The court maintains a list of approved evaluators or may appoint a qualified evaluator agreed upon by the parties.
How is a custody evaluator selected and appointed in Utah?
The court appoints the custody evaluator either by agreement of the parties or by court order after a motion by one or both parents. If the parents can agree on an evaluator, the court typically approves their selection. If they cannot agree, the court selects an evaluator from the list of qualified professionals. The court’s appointment order specifies the scope of the evaluation, the timeline, and the allocation of costs.
The evaluator must be impartial. They must not have any personal or professional relationship with either parent that could compromise their neutrality. Before accepting the appointment, the evaluator must disclose any potential conflicts of interest. Either parent may challenge the appointment if they believe the evaluator is not impartial or does not meet the statutory qualifications.
Utah Code Section 30-3-11.5 provides that the court may appoint a custody evaluator when the court determines that an evaluation would assist in determining the best interest of the child. The evaluator is an officer of the court.
How much does a custody evaluation cost in Utah?
Custody evaluation costs vary based on the complexity of the case, the evaluator’s qualifications, and the amount of time required. A standard evaluation for a relatively straightforward case typically costs $3,000 to $6,000. A complex case involving multiple children, psychological testing, collateral contacts, and extensive record review can cost $8,000 to $15,000 or more. The cost is typically allocated between the parents based on their financial circumstances.
The cost includes the evaluator’s time for interviews, observations, home visits, record review, psychological testing, report writing, and any deposition or trial testimony. Some evaluators charge a flat fee for the evaluation, while others bill by the hour. Parents should ask about the fee structure before the evaluation begins and request periodic updates on the accumulating costs.
What does a custody evaluation report contain?
The evaluation report is a comprehensive document that typically runs 20 to 50 pages. It begins with the evaluator’s qualifications and a description of the evaluation methodology. It includes a summary of each parent’s background, parenting capacity, and relationship with the child. It describes the child’s developmental needs and provides an assessment of how each parent is meeting those needs.
The report includes specific findings on each best interest factor under Utah Code Section 30-3-10. It addresses any risk factors such as substance abuse, domestic violence, mental health issues, or parenting deficits. The report concludes with specific recommendations regarding legal custody, physical custody, parent-time schedules, and any conditions or services that should be required. The evaluator’s reasoning must be clearly tied to the evidence.
| Section of Report | Content |
|---|---|
| Background and methodology | Evaluator qualifications, procedures used, dates of interviews and observations |
| Parent assessments | Each parent’s history, parenting capacity, strengths and weaknesses |
| Child assessment | Child’s developmental needs, adjustment, and preferences |
| Parent-child observation | Quality of interaction, attachment patterns, parenting style |
| Risk factor analysis | Assessment of any safety concerns or risk factors |
| Best interest analysis | Application of Section 30-3-10 factors to the evidence |
| Recommendations | Specific custody, parent-time, and service recommendations |
Can I choose my own custody evaluator in Utah?
You and the other parent may agree on a custody evaluator, and the court will typically approve your joint selection. If you cannot agree, the court will appoint an evaluator from a list of qualified professionals. You do not have the right to unilaterally choose the evaluator, but you can ask the court to appoint a specific evaluator and explain why that evaluator is particularly qualified for your case.
Some parents hire a private evaluator outside of the court appointment process to conduct an evaluation for use as evidence at trial. This is sometimes called a rebuttal evaluation or a second opinion evaluation. The court may consider this evaluation as evidence, but it typically carries less weight than a court-appointed evaluation because the evaluator was selected and paid by one parent, raising concerns about impartiality.
What happens if I disagree with the custody evaluation report?
If you disagree with the evaluation report, you have several options. You may cross-examine the evaluator at trial to challenge their methodology, findings, or recommendations. You may present your own expert witness to critique the evaluation and offer alternative opinions. You may point out factual errors or omissions in the report through other evidence. The court decides what weight to give the evaluation.
In rare cases, you may request that the court order a second evaluation if the first evaluation was fundamentally flawed. The court will grant this request only upon a strong showing that the first evaluation was biased, incomplete, or professionally inadequate. Courts are generally reluctant to order multiple evaluations because of the cost, delay, and burden on the family.
Frequently Asked Questions
Can a custody evaluator be biased in Utah?
Evaluators must be neutral and impartial. If you have evidence of bias, you may raise it with the court and request that the evaluator be removed or that the evaluation be given less weight.
How long does a custody evaluation take in Utah?
Most evaluations take 8 to 16 weeks from appointment to the issuance of the final report. Complex cases involving multiple children or extensive collateral contacts may take longer.
Do both parents have to participate in the evaluation?
Cooperation with a court-ordered evaluation is mandatory. A parent who refuses to participate may face sanctions and may be viewed unfavorably by the court.
Can I request a specific custody evaluator in Utah?
You may suggest an evaluator to the court. If the other parent agrees, the court will typically approve the joint selection. If not, the court selects from the qualified list.
Is the custody evaluation report admissible at trial?
Yes. The report is admissible as evidence, and the evaluator may be called to testify. The report is subject to challenge through cross-examination and rebuttal evidence.
What if the evaluation recommends against my custody request?
You may still present evidence supporting your position at trial. The court considers the evaluation alongside all other evidence and is not bound by the evaluator’s recommendations.
Facing a child custody issue in Utah? Jeremy D. Eveland, MBA, JD, can help protect your parental rights and advocate for your child’s best interests.
Call (801) 613-1472 or visit jeremyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah family law attorney for advice specific to your situation.
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