Understanding Florida Family Law Rule 12.363: Evaluations of Minor Children in Family Law Cases

In Florida family law cases involving custody and parenting disputes, the court often seeks additional insight into the well-being of the minor children. One way this is achieved is through evaluations conducted under Florida Family Law Rule of Procedure 12.363. This rule governs the process of appointing professionals to evaluate minor children and provide recommendations to assist the court in making decisions that serve the child’s best interests.

What Is Florida Family Law Rule 12.363?

Rule 12.363 allows the court to order psychological, psychiatric, or other evaluations of a minor child in family law proceedings, such as divorce and paternity cases. These evaluations provide expert opinions on issues related to:

• Parental responsibility and time-sharing
• The child’s emotional and psychological well-being
• The impact of a parent’s behavior on the child
• Allegations of abuse, neglect, or parental alienation

Evaluations may be conducted by mental health professionals, such as licensed psychologists or psychiatrists, who assess the child and provide written reports to the court.

When Are Evaluations Ordered?

A court may order a child evaluation when:

• One parent raises concerns about the other parent’s mental health, parenting ability, or behavior.
• A parent alleges that the child is experiencing distress due to the custody arrangement.
• There are accusations of abuse, neglect, or parental alienation.
• The court believes that professional input is necessary to determine what is in the child’s best interests.

Who Chooses the Evaluator?

The court may appoint an evaluator on its own motion or at the request of either party. In many cases, the parents can agree on a qualified evaluator, but if they cannot agree, the court will make the selection. The evaluator must be a neutral third party who is qualified to conduct child evaluations under Florida law.

The Evaluation Process

The evaluation process typically includes:

1. Interviews with the Child – The evaluator meets with the child to assess their emotional state and concerns.
2. Parent Interviews – Both parents may be interviewed separately to evaluate their parenting styles, strengths, and weaknesses.
3. Observations – The evaluator may observe parent-child interactions to assess the nature of their relationship.
4. Psychological Testing – In some cases, the evaluator may conduct psychological assessments to evaluate the mental health of the parents and/or child.
5. Collateral Contacts – The evaluator may speak with teachers, doctors, therapists, or other relevant parties to gather additional insights about the child’s well-being.

The Evaluator’s Report

After completing the evaluation, the evaluator submits a written report to the court. The report may include:

• Observations of the child’s relationship with each parent
• Psychological findings
• Recommendations regarding time-sharing and custody arrangements
• Concerns about any potential harm to the child

The court may use this report to help determine parental responsibility and time-sharing arrangements that best serve the child’s needs.

Can Parents Challenge the Evaluator’s Findings?

Yes, parents have the right to challenge the evaluator’s findings. If a parent disagrees with the evaluation, they can:

• Cross-examine the evaluator in court
• Request a second opinion from another qualified professional
• Present additional evidence to counter the evaluator’s conclusions

Conclusion

Florida Family Law Rule 12.363 plays a crucial role in ensuring that child custody decisions are made with the child’s best interests in mind. If you are involved in a custody dispute where a child evaluation has been ordered, it is essential to understand the process and work with an experienced family law attorney to navigate the legal and procedural aspects.

At The Bonderud Law Firm, we are dedicated to protecting your parental rights and advocating for the best interests of your child. If you have questions about child evaluations or any other family law matter, contact us today for a consultation.