8.8.1 General Principles

Appointing a custody evaluator is unlikely to help in a family violence case and can often make things worse for victims and their children. Although most family attorneys simply capitulate to evaluator appointments—or even ask for them—lawyers representing victims should be especially weary. As explained below,1  the appointment of an evaluator makes it more likely that the parent with a history of abuse will be awarded child custody.

Realistically, it is not easy to avoid the appointment of an evaluator in some custody cases. But the following sections explain why lawyers should try and provide some basic tools and arguments to help.

• 1See Section 8.8.2.