Alisha Ankers, Attorney at Law
Is a family law attorney licensed in
fax (701) 476-6579
toll-free (877) 859-0442
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.
Alisha Ankers, Attorney at Law