When a custodial agreement cannot be reached between the two parties prior to the trial date, a great deal of preparation may be required by the client and the attorney in order to effectively petition the court for custodial rights.

It is very common to seek the professional opinion and testimony of a counselor or therapist that is capable and qualified to perform child evaluations. The evaluator will study the behavior and emotions of the family relationships, and testify in court or at a deposition to explain his or her conclusions.

The members of the family should be aware of the differences between the distinctive roles of the counselor and the evaluator. The evaluator merely studies the family, where as the counselor not only evaluates, but in fact, is charged with the task of providing extensive advice.

An evaluation should never be sought without prior and full consent of both parties. Any subsequent evaluation should also be inclusive of both parents. The evaluation is to determine if a strong, happy, and healthy relationship exists between the child and the parent.