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​Illinois Section 604.10
​Child Custody Evaluations

​What Is a Section 604.10 Evaluation?

A Section 604.10 evaluation is a comprehensive, court-related assessment used in Illinois family law cases involving disputes about parental responsibilities, parenting time, or a child’s relocation. The evaluation is intended to provide the court with objective information about the child’s needs, the family’s circumstances, and each parent’s ability to meet those needs.

​The evaluator serves as a neutral professional—not as a therapist, advocate, or representative for either parent. The purpose is to evaluate the family as a whole and help the court determine what arrangements may serve the child’s best interests. The evaluator’s recommendations are advisory; the judge remains the final decision-maker.

Types of Section 604.10 Evaluations

​Section 604.10(b): Court-Appointed Evaluation

Under Section 604.10(b), the judge appoints an independent professional to conduct the evaluation and assist the court. The court order generally identifies the evaluator, defines the scope of the evaluation, and determines how the evaluator’s fees will be divided between the parties.

​The evaluator submits a written report to the court and the parties’ attorneys and may be required to testify or respond to questions about the evaluation.

Section 604.10(c): Evaluation by a Retained Professional

A Section 604.10(c) evaluation may be requested by one of the parties, including when a parent wants an additional evaluation after reviewing another professional’s findings. The parent requesting the evaluation generally selects and pays the evaluator, subject to the court’s approval and order.

​Although one party retains the evaluator, the evaluation must still be conducted objectively and in accordance with professional and forensic standards.

​What Does the Evaluation Include

The exact process depends on the court order, the needs of the children, and the circumstances of the family. A comprehensive evaluation may include:
  • Individual interviews with each parent
  • Interviews with the children, when developmentally appropriate
  • Parent-child interaction observations
  • Joint interviews or co-parenting assessments when appropriate
  • Home visits or observations in another setting
  • Interviews with collateral contacts, such as teachers, physicians, therapists, relatives, caregivers, or other individuals involved in the child’s life
  • Review of school, medical, mental health, social service, police, DCFS, and court records
  • Psychological questionnaires, screening instruments, or other assessment measures when relevant
  • Evaluation of family relationships, parenting abilities, communication patterns, safety concerns, cultural factors, and available support systems

Not every evaluation requires every procedure. The evaluator determines which methods are necessary within the scope established by the court.

What Parents Should Expect

Both parents are generally expected to participate fully and cooperate with the evaluation process. Parents may be asked to:
  • Attend scheduled interviews and observations
  • Provide complete and accurate background information
  • Submit requested records and documents by the established deadlines
  • Sign authorizations allowing the evaluator to obtain relevant information
  • Provide contact information for professionals and other collateral sources
  • Make the children available for interviews and observations
  • Complete questionnaires or assessment measures
  • Follow all instructions contained in the court order and evaluation agreement
  • Pay fees according to the court order and the evaluator’s policies

​Parents should communicate honestly and remain focused on their children’s needs. Attempts to conceal information, interfere with the other parent’s participation, pressure witnesses, or coach children may affect the evaluator’s ability to complete a reliable assessment.

​Privacy and Confidentiality

A Section 604.10 evaluation is not therapy, and the information provided is not confidential in the same way as information shared during psychotherapy. Relevant information may be included in the written report, discussed with collateral contacts, disclosed to the parties and their attorneys, or presented to the court.

​Evaluators are also mandated reporters and must report suspected child abuse or neglect as required by Illinois law.

​The Written Report

After completing the evaluation, the evaluator prepares a comprehensive written report. Depending on the court order and the issues presented, the report may include:
  • The procedures used during the evaluation
  • Information and records reviewed
  • Assessment or testing results
  • Relevant family history and current circumstances
  • The needs and best interests of the children
  • Each parent’s ability to meet the children’s needs
  • Conclusions regarding parental responsibilities, parenting time, or relocation
  • Recommendations for services, treatment, parenting education, or other supports
  • Limitations of the evaluation or reservations concerning the recommendations

​The report is provided according to the requirements of the court order and Illinois law. The evaluator may also be called to testify and may be questioned or cross-examined regarding the evaluation, findings, and recommendations.

Getting Started

A Section 604.10 evaluation typically requires a court order identifying the evaluator and establishing the purpose, scope, conditions, and financial responsibility for the evaluation.

​Once the appropriate order has been entered, our office will review it, determine whether the case falls within our professional scope, explain the evaluation procedures and fees, and schedule the initial appointments. All parties will receive information regarding required documents, releases, deadlines, communication procedures, and expectations for participation.
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