CD, Section Vb: Contract and Fee Agreement – Child Custody Evaluation
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SECTION
Vb
Contract and Fee Agreement – Child Custody Evaluation
In reviewing evaluations, make sure that the parents were advised of the
purpose, methods, cost, and lack of confidentiality in the evaluation. The Contract and
Fee Agreement must include this information and obtain the written consent of each
parent. Box 48 in Chapter 12 lists the factors that should appear in all Contract and Fee
Agreements for child custody evaluations.
If evaluators wish to use the Contract and Fee Agreement printed here, they will
need to make the following revisions:

Delete the heading “SAMPLE CONTRACT AND FEE AGREEMENT”

Delete the Header, “CD, Section V: Fee Agreement.”
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Print the first page on your letterhead. Make sure that the letterhead has
specific contact information, so that the parents can get in touch with you
during the evaluation.
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In the first paragraph of the Fee Agreement, insert your name and credential
(Ph., M.D., LICSW, etc) in the brackets.

In the first paragraph of the section concerning costs, replace the brackets with
the name of the state in which you practice.
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In the second and third paragraphs of the section concerning costs, replace the
“xxx” with your current fee and retainer.

In the paragraph about depositions and court testimony, replace the “xx” with
your current fee and retainer for this service.

In the last section concerning Signature and Agreement, replace the bracketed
information with the relevant information about yourself.
CD, Section Vb: Contract and Fee Agreement – Child Custody Evaluation
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CONTRACT AND FEE AGREEMENT: Child Custody Evaluation
[LETTERHEAD OF EVALUATOR – including contact information for evaluator]
Case Name:___________________________________________
Person being evaluated:___________________________________________
CONTRACT AND FEE AGREEMENT FOR CHILD CUSTODY EVALUATION
In its order of _______________, the ________________ Probate and Family Court
has ordered you and your child(ren) to undergo this child custody evaluation by [Name
and credential of evaluator], for reasons stated in the court order. What follows is a
brief description of important aspects of the evaluation.
What is the general procedure?

The evaluation typically requires separate, often multiple interviews of you and your
child(ren), observations of you and your child(ren), and when appropriate, a home
visit, usually with your children. The interviews commonly cover personal, marital,
and parenting history.

When necessary, the custody evaluator may ask you to take psychological tests
about yourself, or to complete behavioral checklists abut your child(ren).

The custody evaluator will talk to relevant professionals with whom you or your
child(ren) have been involved, as well as to a selection of other people whom you
name. This permits the collection of additional information about you and your
family. The evaluator will need written permission in the form of releases of
information to talk to the professionals who have worked with you and your
child(ren). When necessary, you may need to give permission to allow the child
custody evaluator to review criminal or psychiatric records, though the evaluator can
also motion the Court for permission to do so. These steps are designed to assist
the custody evaluator to define and answer the relevant questions in your case in
preparation for making recommendations for the court’s consideration.
What legal rules apply?

In the course of the assessment, the custody evaluator may share with the other
party any and all information that you offer and will use that information in the
formation of a report to the Court; that is, everything is “on the record,” including
conversations the custody evaluator may have with your child(ren). Therefore,
confidentiality, as typically exists with a mental health professional, does not apply in
CD, Section Vb: Contract and Fee Agreement – Child Custody Evaluation
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_______________________________________________________
Contract and Fee Agreement for Custody Evaluation, page 2
Case Name:_____________________________________
Person being evaluated:__________________________________________
your case or in the case of your children within this custody evaluation; and the laws
pertaining to the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
do not apply to the information in this custody evaluation.

Furthermore, as a mandated reporter, the custody evaluator is bound by law to
inform appropriate authorities (e.g. Department of Social Services) if the evaluator
has a reasonable basis to believe that your child(ren) are suffering or in danger of
suffering some form of abuse or neglect.

As required by law, all of the records pertaining to every aspect of this evaluation
shall be retained by the custody evaluator and made available in a timely manner to
the court or others with the legal authority to inspect them or to possess copies of
them. Once any item is given to the custody evaluator (including family
photographs, report cards, or other memorabilia), it must be retained by the
evaluator and cannot be returned to its source.

Any written material submitted to the child custody evaluator must be simultaneously
submitted to the other party in the custody dispute.

Communication by the child custody evaluator with your child’s therapist, should you
or the evaluator think that necessary, will require you to ask the Court to appoint a
special Guardian Ad Litem to evaluate and recommend whether the child’s
patient/therapist confidentiality should be breached.

Per custom and order of the Court, the custody evaluator will not give you a copy of
the report, though you may be able to read it in the presence of your attorney. If you
represent yourself, you will need the Court’s permission to read it. The custody
evaluator will send the report only to the Court, unless the judge has directed that
the report also be sent to the attorneys.
What does the evaluation cost and how are you to pay?

If the [State name] is paying for the evaluation, you will not be responsible for the
fee, unless the Court stipulates otherwise.

The Court has determined the proportion of the fee for which you are responsible,
which is _____. If you are paying all or part of the fee for the evaluation, in order to
start the custody evaluator will require your portion of an initial retainer of $x,xxx.xx.
If the initial retainer is exhausted the custody evaluator will request a second
retainer, which will be an estimate of the balance required to complete the work.
CD, Section Vb: Contract and Fee Agreement – Child Custody Evaluation
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__________________________________________________________
Contract and Fee Agreement for Custody Evaluation, page 3
Case name:_______________________________________
Person being evaluated:___________________________________________

The typical evaluation runs between 30 - 50 hours of time at the custody evaluator’s
current fee of $xxx.xx/hour. Individual circumstances will determine whether the
evaluation time will vary, more or less, from that average. If the evaluation costs
exceed the total retainers paid, the evaluator will send you a bill for your portion of
the balance. However, if the costs are less that the retainers paid, the evaluator will
reimburse you your portion of the credit balance.

Medical (health) insurance cannot be used for a child custody evaluation. Therefore,
the custody evaluator will not be able to bill your insurance carrier for the evaluation.

If you terminate the evaluation before its completion, you will receive your portion of
the unused balance of the retainer, after a deduction for expenses and the possible
cost of the evaluator’s writing a report to the Court.

As part of the cost of the evaluation the custody evaluator will bill for all expenses in
15-minute increments at the hourly rate including but not limited to: telephone calls;
review of documents and other materials; in-person interviews and observations;
correspondence by regular mail, Email, and facsimile; test material and scoring
costs; travel time (and any significant travel expense); conferences with attorneys;
and report writing. After interview time, report writing is often the largest expense.

If you miss an appointment without 24-hour notice to the custody evaluator, you will
be billed for it at the above rate for the time that the evaluator set aside for the
meeting.

Unpaid balances will be charged a monthly interest rate of 18%, and may be subject
to legal action or collection agencies.
What if you wish to depose the custody evaluator or have them testify?

The costs outlined above do not apply after the report is completed. If you (or your
attorney) call the custody evaluator for a deposition or for expert testimony at trial,
you will be responsible to compensate the evaluator for this time through a $x,xxx.xx
retainer paid at least a week in advance. This retainer shall cover all services
related to the custody evaluator’s deposition or court appearance at the hourly rate
of $xxx.xx; these services shall include but not be limited to telephone calls;
CD, Section Vb: Contract and Fee Agreement – Child Custody Evaluation
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____________________________________________________________
Contract and Fee Agreement for Custody Evaluation, page 4
Case name:_______________________________________
Person being evaluated:___________________________________________
correspondence via Email, fax, or regular mail; document review; conferences with
attorneys; travel; deposition; court wait time; and court testimony. If the fees are
more than the retainer, you will be billed for your portion of the additional amount. If
the fees are less than the retainer, you will be reimbursed your portion of the
difference.
Signature and Agreement
My signature below attests to the fact that I have read the above document and that I
understand and agree to the nature of the custody evaluation, its procedures, the time
and costs involved, and the lack of confidentiality. I understand that I will have an
opportunity to ask questions at any time during the evaluation process. I am aware that
the Court has required me to pay ______% of the cost of the evaluation and that the
custody evaluator will provide me with an itemized statement at the conclusion of the
work.
Signed:_____________________________________________________
Date:_______________________________________________________
Printed Name:________________________________________________
Relationship to Minor Child(ren):__________________________________
___________________________________________
[Name of Custody Evaluator]
[Name of facility or practice]
[State license of evaluator]
[National certification or credential of evaluator]
___________
Date