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MISSION
The mission of the Courts Social Investigations Program is to promote the best interests of children. While adhering to the belief that the best interests of the child is of paramount importance in all domestic relations litigations where custody is an issue, the Judges often face an uphill battle. Court Hearings and Motions for Relief can only provide the Court with the never ending "he said-she said" allegations. The child's voice often remains unheard, and litigious couples continue to fight for years, ignoring their child's need for a stable, secure and loving relationship with both their parents; parents that can speak civilly to each other and be co-allies in their child's upbringing.
HISTORY
In April of 1994, the Family Court Custody Evaluator Program was initiated. Pursuant to Section 61.20, Florida Statutes, the Program allows for a social investigation and home study wherein all pertinent details relating to the child and each parent are thoroughly investigated and reported on, along with recommendations that are in the best interests of the children. The Court is furnished with a written statement based on the Statutory Factors in the best interests of a child, as well as in-depth investigation into allegations made by the litigating parties. The Court may consider the information contained in the study while making their decision on the child's custody. The technical rules of evidence do not exclude the study from consideration.
BENEFITS
The Program has been met with favorable response by the Judges and attorneys alike. The Judges are afforded an insight into the litigants' behaviors outside of the Court room setting, and are able to gain clarity regarding the child's feelings about what is occurring in their home, and between their parents. Settlements have occasionally been reached subsequent to a Report being filed, without the need to proceed to Trial. Litigants feel they are given a full opportunity to voice their concerns regarding parental alienation, abuse, and a chance to prove their allegations against their spouse.
One full time Investigator (Seminole) works for four Family Court Judges. The appointment of an Evaluator/Investigator is brought about in three ways; The Court, sua sponte, determines the need; a Motion is filed by a party; or the parties jointly Stipulate to the appointment. The Order is prepared by Court personnel and the process begins with the mailing of questionnaires and consents to the parents, designed to elicit a better understanding of the parties' positions. The parents are asked to sign consents allowing the child's interviews to be submitted separate and apart from their Home Study Report, in order to protect the child from any possible parental repercussions. Consents for information from doctors, therapists, schools, etc. are also obtained in order that a full investigation into the parties' history may be compiled.
The time frame required for submission of the Final Report varies in each case, and often depends on the litigants themselves. Cooperation of the parties is essential in determining how quickly a Report can be filed. Other factors, including cooperation of doctors, counselors, the Department of Children and Families, law enforcement, collateral contacts, out-of-State agencies, and various other documentation necessary to perform a thorough investigation can also determine the time line. Each case reaches its own natural conclusion, and each is based upon any number of variables. An average time frame for submission of the Final Report to the Court has been four to five months from the initial interview in each parent's home.
The 18th Judicial Circuit is proud of their contribution in promoting a positive and stable environment for their youngest citizens' best interests. For more information regarding the Program please contact (407) 665-4201 in Seminole County.
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