Why Does the Judge Want Us to Have a Custody Evaluator?

 Posted on October 30, 2025 in Child Custody

When divorcing parents cannot agree on what is best for their children, Wisconsin courts may bring in a custody evaluator for professional insight. This often happens when each parent insists that their own plan serves the child’s interests and negotiations have reached a standstill.

A custody evaluation is a tool the court uses to make an informed decision about legal custody and placement (physical custody). With the help of the Madison child custody lawyer at John T. Fields & Associates, LLC, you can understand what custody evaluators do, and how their opinions influence the court.

What Is a Custody Evaluator in Wisconsin?

A custody evaluator is a court-appointed professional, often a psychologist or social worker, appointed by the court to investigate a family’s situation. Once the evaluator has enough information about a family, he or she makes recommendations to a judge about custody.

Under Wisconsin Statute § 767.41 and § 767.405, a judge may order a custody evaluation if there are serious disputes over custody or placement. The evaluator’s job is to gather facts. They do this by observing the family and determining what they think would serve the child’s best interests.

Evaluators interview both parents. They will also watch the parents interacting with the children. They often review school and medical records, and may even speak to teachers, relatives, or counselors who know the family. After completing the investigation, the evaluator writes a detailed report of their findings and recommendations.

Why Would a Judge Order a Custody Evaluation?

Judges typically order a custody evaluation when parents’ versions of the family situation are very different or when there are accusations of abuse or neglect. In high-conflict divorces, each parent often paints a very different picture of family life. The court relies on the evaluator to cut through the emotions and provide an objective, fact-based analysis.

What Does a Custody Evaluator Look For?

Custody evaluators focus on what arrangement is most likely to support the child’s long-term best interests. They do not decide which parent "deserves" the child more. They simply try to figure out which home environment is best suited for the child’s needs.

Some of the things they will consider include: 

• Each parent’s ability to meet the child’s daily physical and emotional needs

• The child’s relationship with both parents and siblings

• The level of conflict between parents and how it affects the child

• The parents’ communication and co-parenting skills

• The stability of each home environment

• The child’s wishes, depending on age and maturity

How Much Influence Does the Custody Evaluator Have?

While the judge makes the final decision, the evaluator’s opinion matters a lot. If the evaluator recommends that one parent have primary physical placement or sole decision-making authority, the court often takes that position unless there are strong reasons not to. That is why preparation and presentation during the evaluation are so important. Your behavior, consistency, and honesty will be closely scrutinized.

Can You Challenge a Custody Evaluator’s Report?

If you disagree with the evaluator’s findings, your attorney can cross-examine the evaluator in court or present evidence that challenges the report’s accuracy or fairness. You can also request an independent custody evaluation from another qualified professional.

Call a Madison, WI Child Custody Lawyer Who Fights for You

Custody evaluations can feel invasive and intimidating, but they are often the deciding factor in complex family law cases. The Dane County custody battle attorney at John T. Fields & Associates, LLC builds powerful cases and fights relentlessly for our clients’ rights. To discuss your case and learn how to prepare for a custody evaluation, call John T. Fields & Associates, LLC at 608-729-3590 today.