
A social investigation is an evaluation, where an impartial examiner will assess each party, the children, and any other necessary sources in order to form an opinion as to what is in the child’s best interest. The examiner will form an opinion as to how the parents should share their parental responsibility and recommend the best timesharing schedule for the children and each parent. The judge in the case reviews those opinions, then makes a final judgment.
The court may order a social investigation either upon the agreement of both parents, upon the request by one parent, or upon the court’s motion when the parents fail to agree on parental responsibility and timesharing. The court may either appoint a social investigator, or the parents may stipulate to a private social investigator for their case.
Whether a social investigation is right for a given matter differs from case to case. One example where a social investigation may be necessary is where one parent calls the other parents parenting into question. The court will often order an investigation, so the judge has unbiased information on what is in the best interest of the child(ren). Another example is a case where there are special circumstances such as child abuse/neglect, domestic violence, substance abuse, mental illness, relocation, etc. No matter the reason, the purpose of the social investigation is to determine the best interest of the child(ren).
In some instances, the judge may request a particular focus for the investigation, but the investigator can inquire about anything relevant to the children’s welfare and the given issues in the case. The investigator will evaluate both the parents and the children through:
In addition to the parents and the children, the investigator may also interview doctors or therapists, grandparents, teachers, coworkers, childcare providers, stepparents, other children in the home, or character references that each parent suggests to the investigator.
After this whole process, the investigator will then write a report for the judge that will include their recommendations for parental responsibility and timesharing. The report compiles all information collected in the investigation and assesses each parents’ mental health, ability to co-parent, relationships with the children, strengths and weaknesses as a parent, ability to support the child(ren)’s needs, etc.
Florida courts determine timesharing based on the best interests of the child, considering factors such as each parent's ability to provide stability, the child's relationship with each parent, and each parent's willingness to support the child's relationship with the other parent.
Parental responsibility refers to decision-making authority over major life decisions like education and healthcare. Timesharing refers to where the child physically lives. Florida courts generally favor shared parental responsibility and equitable timesharing.
Florida courts may consider a child's preference, particularly if the child is mature enough to make an informed decision. However, the court always prioritizes the child's best interests over preference alone.
If your ex violates the court-ordered parenting plan, you can file a motion for enforcement with the court. Consequences can include makeup timesharing, modification of the plan, or even contempt of court charges depending on the severity of the violation.
If you're facing a family law matter in South Florida, the experienced attorneys at Yaffa Family Law Group's Child Custody & Divorce practice are here to help. Our team understands Florida family law and can guide you through every step. View all our practice areas or contact us today for a confidential consultation.
Social investigations add complication and stress to an already challenging process. If your divorce matter includes a social investigation, remember that it is all worth it as it is to determine the best interests of your child(ren), and that is most important.
If you or someone you know is seeking advice on Florida custody matters, you can speak with one of our family law attorneys at the Yaffa Family Law Group at 561-276-3880 or visit our website at www.yaffafamilylawgroup.com to schedule your confidential complimentary consultation.
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