Child Custody Evaluations

When parents are unable to resolve disputes affecting the best interests of their children (including the allocation of parental responsibilities, parenting time, and relocation) prior to a trial, the judge may require the family to participate in a 604.10(b) evaluation. FCS employs licensed mental health professionals (social workers and psychologists) who conduct 604.10(b) evaluations for the court. The evaluator’s role is to prepare and submit a comprehensive report regarding the best interests of the children. This means the evaluator will assess the needs of the children and the ability of each parent to meet those needs. Both parents must participate. The evaluator will interview parents individually, allowing parents to express their concerns about the children and the other parent. The evaluator may decide to meet with parents together to assess the parents’ co-parenting capabilities, if the circumstances permit. Children are interviewed both individually and with each parent to observe the parent-child relationship. The evaluator may also interview other people involved in the children’s lives, such as stepparents, parents’ significant others, grandparents, teachers, and therapists.

Evaluators work to understand the family’s dynamics and psychological processes that take place within the family system. The evaluator will request written consent to obtain school and health records, social services and counseling information, criminal arrest records, and any other documents that will aid in understanding the family completely. Evaluators spend most of their time interviewing and observing parents and children; the rest of their time is spent in consultation, reviewing documents, and compiling the report with recommendations and referrals. 

In order to obtain a 604.10(b) evaluation, a Domestic Relations Division judge must enter a court order referring the parents and children to FCS. The court’s order must be sent via email to DRD.family@cookcountyil.gov. Once the order is received, both parties are contacted and will be required to submit documents to verify their income. Evaluations are conducted at no cost for low income families who would otherwise be unable to afford a custody evaluation. There is a combined income limit of $50,000 per year or less. Families with a combined income exceeding the limit will be referred back to the court. Once a family is determined to qualify for services, the evaluator will begin the process. 

FCS 604.10(b) evaluations are "best interest" evaluations not mental health evaluations. FCS evaluation reports describe to the judge all issues facing a family, along with recommendations that may help the family to move forward in a healthy way and in the children’s “best interests.” While FCS evaluators investigate the parents’ and children’s mental health statuses, they do not conduct mental health evaluations. If the court desires a mental health evaluation, a separate court order will be entered directing the parties to an outside private professional. 

FCS evaluators are mandated to report any suspicions of abuse or neglect of any minor child(ren) to the Department of Children and Family Services (DCFS). Evaluators must explain the mandated reporting requirements of the Abused and Neglected Child Reporting Act, 325 ILCS 5/1 et seq. as well as the limitations of privacy and confidentiality in the evaluation process. 

FCS provides a safe environment for parents in the evaluation process through the presence of a Cook County Sheriff’s deputy in our office. Evaluators may use videoconference to complete some interviews. Whether an evaluation interview occurs in-person or by telephone or by videoconference, all parties are required to maintain proper language, behavior and decorum as if they were present in a courtroom. No participant in the evaluation process shall be permitted to use any electronic device to record audio or video. 

The evaluator prepares and submits a comprehensive report to the court comprised of information gained from interviews, from document review, and from any other professional consultation. The most important aspect of the report is the recommendation the evaluator makes to the judge regarding what may be in the children’s best interests. The recommendation may help the judge to make a ruling in the case that will lead to better parent-child relationships, better co-parenting, and better communication and cooperation. The report may also contain referrals to outside resources such as parenting classes, counseling and therapy, and vocational training. Copies of the report are submitted to the court and to attorneys as well as Self Represented Litigants.