What is a Social Investigation?
When a divorce happens, feelings and emotions are high. However, when children are involved, it is important that the Court evaluate both parents and consider their mental health and ability to care for their children, and determine what is in the best interests of the children. The State of Florida no longer awards one parent custody of the children; instead, there are parenting plans which include timesharing schedules. One parent may have the children more than the other, or the parents may have equal time with the children. Because the Court must determine what timesharing schedule is in the best interests of the children, many times a social investigation will be performed.
The Basics of a Social Investigation and Child Custody
This type of investigation is usually performed by a mental health professional, one who has no prior relationship with either of the parties or the children. The Social Investigator is a neutral and impartial third party, thus his or her opinions and recommendations will carry great weight with the Court. The Social Investigator will evaluate both parents, including their lifestyles, and make a recommendation as to which parent the children would be better off spending more of their time with, or if the children should spend equal time with the parents. The Social Investigator will outline all of his or her findings and recommendations in a report that is presented to the Court. In addition, he or she will submit a proposed parenting plan that best fits the needs of the children.
Assessments during a Social Investigation and Parenting Plans
During a social investigation many things will be considered and reviewed by the Social Investigator, including the following:
• Background checks, checks of police records and the like concerning both parents
• Interviews with the children are conducted
• Interviews with both parents
• Character references submitted by both parents are interviewed
• Doctors, employers, and other professionals are interviewed about the parents and children
Once these assessments are made, the report and parenting plan are then drawn up, and include findings and recommendations by the Social Investigator.
How this Affects Timesharing Agreement
Since the social investigation is such a huge component of the parenting plan and timesharing schedule, the findings and recommendations of the Social Investigator will have a huge effect on the final timeshare plan. In most cases, the Court agrees with the Social Investigator and implements the recommended parenting plan and timesharing schedule.
For those who are going through a divorce or who are arranging a timesharing schedule, Wendy Norman is a family attorney who has been practicing in the Jacksonville area for over 15 years. She has had many cases involving social investigations and can help you prepare for what is to come. Simply give her a call today to discuss your case!
My friend recently got a divorce and I didn’t know that during a divorce the court has to evaluate both parents to see which parents gets custody of their child. That is great that they hire a third party mental health professional to make the evaluations. That would help ensure the child will go to the right parent. Thanks for the information!
What if one of the parents lives in another state and the mother has been taken care of the children since the father left 5 years ago and is not interested in having a relationship with the children other than when order by the court. With these dynamics the father and the children have no bond and have not seen the father in a year and father does not call but barely sends text to the children. The relationship between the mother and father is totally broken. Since Florida does not award custody to one parent, what is the outcome when the social investigation finds the father is absent this way?!
I would expect the Social Investigator to recommend that the mother have majority time-sharing and the father to have time-sharing only after counseling and a reunification period. If the father is not interested and does not pursue the counseling, then the mother would effectively have 100% time-sharing.
How a Social Investigation works in difderent states!
Thank you for contacting Norman Law. I am licensed to practice in Florida only, so I am not able to give you advice or explain how a Social Investigation is handled in any other state. You may wish to contact a lawyer in your specific state for guidance.
How long does a social investigation take?
Thank you for contacting Norman Law. Every case is different, and some investigations take longer than others. Generally, though, a social investigation should be expected to take approximately 3 months.
My ex husband placed social investigation on me 3 months after my mom passing. Kids missed school due to death during pandemic and doing virtual schooling my son never placed he was present which father was aware and proof with teachers my son passed anyways. During this time my son speaks about past physical abuse and watching his dad throw his sister because she would not stop crying she was 3-4. My ex husband influence hitler on him and playing bad games killing people. I have proof my ex wanted to play call duty my son replied he didn’t want to play that he takes his rage out on there on killing people. Then my ex husband is blaming everything on me I am the problem he takes no blame for himself. He lied to social investigator and told him I had fraud charge which is a lie. I have proof as well my son wanted to bomb the school and 2 weeks later my ex buys the new call of duty I expressed myself nicely and all he does is state I am saying this because I don’t want them spending time together my son was 13. Game was for 18 older. My daughter witness her dad scream in her half brothers face because he would not stop crying 2 events. My daughter started having flash backs of her father screaming in her face and me trying to save her. She then refused to see her father she’s almost 12. Then started having feelings of wanting to harm herself at her fathers residence due to the way he treated her I am guessing because DCF was involved and she told the truth. She was diagnosed with ptsd severe and slept with me for a month wanting me to hold her and rock her. I have been extremely positive and stated we should all get a long and stop blaming one another. I did state the kids love there father but finding out past abuse and my dealing with my daughter well being has been hard. He has manipulated the school teachers in making me out to be bad parent while I am dealing with our daughter and her well being. He has no emotion and kids adviser investigator they want to be with me. There 16,12 we been divorced for 11 years and he was never really around until he met his gf then everything changed. This is complicated case. Just sharing and seeing what your thoughts are.
Thank you for contacting Norman Law. We would be happy to discuss your case with you at your convenience. Please call our office at 904-306-9926 to schedule a free consultation. We look forward to hearing from you.