81-9-504. Custody evaluator responsibilities -- Communication between a custody evaluator and parties.
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Effective 5/6/2026
81-9-504. Custody evaluator responsibilities -- Communication between a custody evaluator and parties.
(1)A custody evaluator shall:
(a)remain impartial;
(b)disclose to the court and each party any conflicts of interest the custody evaluator has with either party; and
(c)immediately notify the Administrative Office of the Courts of any changes in licensure status.
(2)A custody evaluator may not act as an advocate for either party.
(3)If a custody evaluator is assigned to a proceeding involving domestic violence, sexual abuse, substance abuse, or mental illness, and the custody evaluator lacks specialized training on the issue, the custody evaluator shall:
(a)consult with an individual with specialized training on the issue;
(b)assess, in the custody evaluation, any potential danger to a party or minor child arising from the issue; and
(c)include, in the custody evaluation, the name of the individual with whom the custody evaluator consulted and the results of the consultation.
(4)If a custody evaluator assigned to a proceeding has conducted fewer than three custody evaluations, the custody evaluator shall consult with another custody evaluator who can review, instruct, and provide feedback during the custody evaluation process.
(5)When a court appoints a custody evaluator, a party and a custody evaluator may not communicate with each other without providing notice of the communication to the other party, except to the extent reasonably necessary to conduct the custody evaluation ordered by the court.
Enacted by Chapter 309 , 2026 General Session