DOMESTIC RELATIONS LAW COMMITTEE

Ohio law allows the Court, in a divorce or custody matter, to order the parties and their minor children to submit to a psychological or psychiatric examination. R.C. 3109.04(C). The report must be made available to the parents or counsel of record no less than 5 days before trial. The investigator is subject to cross-examination concerning the contents of the report. This is commonly referred to as a Custody Evaluation. The Supreme Court of Ohio has recently introduced new Superintendence Rules 91.01, et seq, to further clarify and define the role and duties of a Custody Evaluator. The Custody Evaluator is considered the Court’s witness and the report must be considered by the Court when making its final determination.