The Role of a Custody Evaluation in a High-Conflict Wisconsin Divorce

 Posted on May 19, 2025 in Parenting

High-conflict divorce is generally characterized by animosity between spouses and a lack of willingness to compromise. Often, there are valid reasons for hard feelings, but the process becomes even more contentious when children are involved. 

When you cannot agree on a custody settlement, a judge may order a custody evaluation to help determine what action to take to protect the child’s best interests. If you are planning to divorce under challenging circumstances, an Oconomowoc, WI high-conflict divorce attorney can answer your questions about custody and other elements of the process.

What Is a Child Custody Evaluation in Wisconsin?

Often, couples will go through mediation to discuss disputes about child custody, with the goal of reaching a compromise. Wisconsin law allows the court to mandate mediation to solve disputes. Typically, mediation is not a reasonable option for high-conflict couples. This is not only because the spouses cannot negotiate in good faith but also because there are often competing claims of bad behavior like abuse. 

In situations such as this, a custody evaluation may be necessary. A custody evaluator is a trained, neutral third-party person whose job is tto look objectively at a family’s situation and make suggestions to the presiding judge about the best interests of the children. The evaluator will dig deeper into claims from both parents and help the court decide what is best for the child or children.

In Wisconsin, a court-appointed custody evaluator will gather information about you, your spouse, and your children to compile a report with custody recommendations. The process can take months to complete, depending on the complexity of your case. The evaluator will meet with your children individually to get their perspective on things and to ensure that no one is pressuring them to say something.

How Is a Custody Evaluator Chosen During a Wisconsin Divorce?

Often, the judge will assign a custody evaluator to the case, but sometimes, you and your spouse can pick one. When you cannot agree, you can even have your own independent evaluations. Regardless of who chooses the evaluator, you should ask questions. Your attorney may have experience with the evaluator assigned to your case. Keep in mind that custody evaluations can be costly and parents are required to foot the bill. If the court orders it, using the county evaluator is likely the most affordable option. 

What Does the Custody Evaluation Process Look Like in Wisconsin?

Psychological testing is commonly used for everyone involved – parents and children. The evaluator may administer it themselves or send you somewhere for testing. The evaluator will conduct interviews with parents, children, and other parties who could offer valuable insight, such as family friends, teachers, family members, babysitters, and more. Examining school grades and attendance, as well as health records, can paint a broader picture of the situation. Evaluators also conduct home visits, which may be unscheduled, to try to see the children’s home environment. 

Once they finish the investigation, the evaluator will submit a report to both parents and the court. It will include recommendations about custody, visitations, therapy, conflict resolution, and related issues. Sometimes, the evaluator will recommend a future evaluation.

Can You Contest the Custody Evaluator’s Conclusions in Wisconsin?

If you have concerns about the evaluation or even the evaluator’s conduct during the evaluation, you should speak to your lawyer immediately before the report is submitted. If you have an issue with the report, talk to your attorney about contesting it. The judge has the final say and does not have to act on the evaluator’s recommendation.

Contact a Waukesha County, WI High-Conflict Divorce Attorney

Entering into a contentious divorce involving custody without an Oconomowoc, WI child custody lawyer to protect your rights and advocate for your best interests is not advisable. At Bucher, Wolff & Sonderhouse, LLP, we know how devastating a high-conflict divorce can be for everyone involved. We offer a compassionate approach and a willingness to find legal options that best suit your unique needs. Call 262-232-6699 today to arrange a free consultation.