Custody Evaluation in MN

Last reviewed November 3, 2026

A custody evaluation is a court-ordered investigation into what custody and parenting-time arrangement would best serve a child. In Minnesota, custody evaluations are governed by Minn. Stat. § 518.167. This article explains when an evaluation is ordered, what it involves, and how the court uses the report. It is part of the site’s guide to custody and parenting.

When a Custody Evaluation Is Ordered

The court may order an investigation and report in any contested custody case. It may also do so in an uncontested case if a parent or the child’s custodian asks (Minn. Stat. § 518.167, subd. 1). The statute provides that the county social services agency or court services department may conduct the investigation. In practice, parents frequently agree instead on a private evaluator, usually a mental health professional, with the court’s approval.

Evaluations typically come after less intensive options have been tried. For example, parents often attempt mediation or a social early neutral evaluation first. An evaluation usually precedes a trial if those efforts fail.

What the Evaluator Does

The evaluator may consult anyone with relevant information about the child and the proposed arrangements (subd. 2). Typically, the process includes:

• interviews with each parent, and often with the child;
• observation of the child with each parent, sometimes during home visits;
• contacts with teachers, physicians, therapists, and other relatives; and
• review of school, medical, and court records.

With a court order, the evaluator may also refer the child for professional assessment. However, the evaluator may not consult anyone involved in the parties’ mediation, and mediators may share information only if all parties agree in writing.

What the Report Must Contain

The written report must (subd. 2(b)):

1. state each party’s position;
2. evaluate the best-interests factors in Minn. Stat. § 518.17, subd. 1;
3. analyze in detail the information considered for each factor;
4. state the evaluator’s recommendation and the reasons for it; and
5. reference established ways for the parties to resolve future disputes.

Access to the Report and Its Use in Court

The court must send the report to the attorneys and any self-represented party at least ten days before the hearing. On request, the evaluator must also make the underlying file available, including the names of everyone consulted (subd. 3).

The report may be received in evidence (subd. 4). In addition, either party may call the evaluator to testify. Courts commonly give a thorough evaluation significant weight, although the judge makes the final decision.

How Long an Evaluation Takes

An evaluation commonly takes several months. The length depends on the number of people to be interviewed, the records involved, and the evaluator’s caseload.

Custody Evaluation Cost and Who Pays

The cost of a custody evaluation depends first on who performs it.

County Evaluations

When the county social services agency or court services department conducts the investigation, the county may charge a fee (subd. 1). Fees and availability differ from county to county. The county must also absorb any part of the cost that the court finds the parties cannot pay.

Private Evaluations

Private evaluators, usually psychologists or licensed social workers, typically charge by the hour and request a retainer before beginning. As a result, a private evaluation is often considerably more expensive than a county one. Several factors drive the total:

• the number of children and adults to be interviewed;
• whether home visits or psychological testing are included;
• the volume of records and collateral contacts to review; and
• whether the evaluator must testify at trial, which is usually billed separately.

Allocation Between the Parents

The court must order the cost to be paid by either or both parties based on their ability to pay (subd. 5). It may not order payment by a party who receives public assistance, a party represented by a qualified legal services program, or a party whose income is below the federal poverty line. In private evaluations, parents often agree to an allocation, such as a split matching their incomes, which the court then approves.

Given these costs, many parents reach an agreement before or during the evaluation.

Can a Parent Request a Psychological Evaluation?

Yes, in appropriate cases. A custody evaluation is not the same as a psychological evaluation. A custody evaluation looks at the whole family, while a psychological evaluation assesses one person’s mental health or functioning.

A parent may ask the court to order the other parent to undergo a mental examination under Minn. R. Civ. P. 35.01. The rule has three requirements:

1. the person’s mental condition must be “in controversy”;
2. the request must be made by motion, showing good cause, with notice to all parties; and
3. the order must specify the examiner and the time, place, manner, conditions, and scope of the examination.

A parent’s mental health is relevant only to the extent it affects the child. Specifically, the best-interests factors include “any physical, mental, or chemical health issue of a parent that affects the child’s safety or developmental needs” (Minn. Stat. § 518.17, subd. 1). A diagnosis alone, without a demonstrated effect on parenting, is unlikely to justify an examination.

In addition, a custody evaluator may, with a court order, refer the child for professional diagnosis (subd. 2). Private evaluators also sometimes include psychological testing of the parents as part of their process. Under Rule 35.02, the examined party may request a copy of the examiner’s detailed written report.

Related Topics

For practical guidance on working with an evaluator, see Custody Evaluator. For the related role of a court-appointed child advocate, see Guardian ad Litem.