A Social Investigation in the Orlando, Florida Area
- February 7, 2023
- ontarget
- Custody
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What is a Social Investigation in the Orlando, Florida area?
A social investigation may also be referred to as a custody evaluation. It is a parenting plan assessment in cases where the parties before the court cannot agree on a parenting plan. A social investigation is governed by Florida Statute 61.20 and Fla. Fam. L.R. P. 12.364. That Statute and that Family Law Rule deals with social investigations and recommendations regarding a parenting plan. You can read that Statute and Family Law Rule for complete information regarding a social investigation.
When parents cannot agree on a parenting plan, the court may order a social investigation. Usually one parent will motion the court to request a social investigation. Then if the other side does not agree to the social investigation, a hearing is held to determine if the court would order a social investigation.
Who can do a social investigation? Qualified staff of the court, a psychologist, a clinical social worker, a marriage and family therapist, or a mental health counselor may perform a social investigation. The parents are responsible for the cost of a social investigation.
If a social investigation is ordered, each party must be given a copy of the social investigation in ample time to review it prior to a hearing or trial. You need to receive the social investigation in reasonable time prior to the hearing or trial so that you can prepare properly for the hearing and trial. Further, the parties are permitted to introduce evidence to rebut and contradict the social investigation. If you were happy with the recommendations in the social investigation, you would introduce it into evidence at a hearing or trial. If you were unhappy with the recommendations in a social investigation, then you would present evidence at the hearing or trial to show why the social investigation was incorrect.
The social investigator will speak to the parents, the children, and any therapists or counselors that are involved in the case. The social investigator must consider the best interest of the child while doing the investigation.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney client privilege.