Why is Social Investigation Important for a Child Custody Case
Social investigations can play a large role in child custody cases in the state of Texas. As the courts place a large emphasis on the safety and well-being of any children involved in custody hearings, they have a responsibility to ensure those children receive the full attention of the legal system.
To that end, sometimes parties involved in a custody hearing may benefit from a social investigation.
Why it’s Needed
A social investigation works to establish the fitness of the parents to the court. It is conducted usually at the request or combined request of the attorneys representing the parents. Sometimes the court will order a social investigation. The investigation is to gather as much information about the parents, their households, their job requirements, their friends, and associates, to determine the environment the child or children will experience while in the custody of each parent.
While it may be intimidating for a parent to submit their life to an investigation by a stranger, it has to be stressed that a social investigator will be a trained investigator, usually a social worker or psychologist trained in this area and respected by the court. The investigator does not belittle or shame a parent but works to understand the environment to ensure the best interests of the child or children will be met by the parent.
Children’s voices have very little volume within the Texas legal system and children lack the ability to evaluate the reality of their situation, meaning they do not know their own physical and emotional needs, including food, shelter, clothing, medical care, educational needs, emotional support, and parental guidance.
Who Can Conduct a Social Investigation
Social investigations get conducted by third-party professionals focused on the health and well-being of the child or children in question. The investigator can be a psychologist, social worker, or any other mental help professional appointed by the court. Third-party means independent evaluator who has no bias towards either parent.
The third-party aspect must be observed by all parties, as the social investigator has to maintain neutrality to make the best decision regarding the children. This means the investigator cannot have any kind of relationship with the parties involved. So if the investigator happens to be a social worker that has worked with the children or either parent, they would automatically not be selected by the court. A psychologist that has one of the parents as a client would also be disqualified.
What Happens Next
As every custody hearing is unique due to the people involved, the social investigator will first establish the specific questions that the court will be wanting answered.
Some of the factors an investigator can will consider include:
• The work schedules of the parents.
• Custody ratios, or how the parents will split parenting responsibilities.
• Scheduling concerns, including holidays and special events such as trips and hobbies.
• Medical considerations, such as whether any of the parents or children have specific medical conditions or needs. A parent living in closer proximity to a specialized medical facility needed by the child might be in a better position to provide aid in an emergency so it may be better if primary custody is assigned to that parent.
• Any existing custody plans. It’s possible the parents have already changed living arrangements and set up custody plans prior to the court’s considerations. If so, those plans may require adjustments based on the investigator’s findings or they may be confirmed as workable by the investigator.
• The fitness of the parents. Courts consider parents’ physical and mental health. If the investigator concludes one parent cannot fulfill their responsibilities to the child(ren), they may recommend full custody to the other parent. Parents’ criminal conduct or addiction to drugs or alcohol are common reasons why a parent may be unfit or unprepared to provide the necessary care for their child(ren).
To learn more about social investigations or find help with your custody case, contact the Law Offices of Wendy Hart at 817-842-2336 or complete our online form.