Child Custody Investigations
What is a
Child
Custody Investigation?
In the simplest terms, a custody investigator is a neutral party
designated by the court to:1. Collect the facts
concerning the family without bias.2. Compile
those facts into a report.3. Use the information
gathered to provide the parties or the court with a recommended
solution to the issues that will be in the children's best
interest.4. The custody investigation report may
sometimes aid the parties in reaching a settlement agreement
North Dakota law defines the duties of a child custody investigator
as follows:
· a)
Investigatory Responsibilities. A custody investigator shall:(1)
become knowledgeable about the child's and family's history and
present situation by reviewing the court file; reviewing records and
reports, including medical, law enforcement, psychological,
psychiatric, and educational records and reports; and researching
information about any related criminal or child protection
proceeding, investigation, or allegation; (2) obtain necessary
authorizations for release of information; (3) interview, as
appropriate, social workers and probation officers to obtain
background and current information regarding the child and family;
(4) interview, as appropriate, service providers (i.e. teachers,
psychologists, psychiatrists, doctors, nurses, neighbors, and
others) who are knowledgeable about the child's and family's past
and present situation; (5) interview, as appropriate, the child's
parents and siblings, and the people with whom the child resides or
may reside, and other people who are significant in the child's
daily life; (6) meet and observe the child in a manner consistent
with the child's developmental capabilities; (7) observe, as
appropriate, parent and child interaction; (8) prepare a written
report regarding the child's best interests, including conclusions
and recommendations and the facts upon which they are based; (9)
file the written report with the court and serve it on the parties
at least 30 days prior to the hearing; and (10) recommend, as
appropriate, psychological evaluations, psychiatric evaluations,
physical evaluations, parenting evaluations, chemical dependency
evaluations, or other evaluations.(b) Court Proceedings. A custody
investigator shall attend all court proceedings and shall testify
when requested. A custody investigator may not call a witness,
question a witness, file a motion, or act as a legal advocate. (c)
Post Investigation Duties. The custody investigator, by order of the
court, may assist in custody and visitation issues after submission
of the report.