When parents cannot agree on a parenting plan or child custody arrangement, the court’s primary concern is always the best interests of the child. To help make fair and informed decisions, the court may order a social investigation to assess each parent’s ability to care for the child.
What is a Social Investigation?
A social investigation is a detailed evaluation conducted by a qualified professional and may be ordered by the court in family law cases where parental responsibility or time-sharing is disputed. In Florida, the terms parental responsibility and time-sharing have replaced what was once legally referred to as custody.
Under Florida Statute §61.20, the court can order this investigation when parents cannot reach an agreement on a parenting plan or when existing studies are incomplete or insufficient.
The investigation is conducted by an impartial mental health professional, such as:
- A psychologist licensed under Chapter 490 of the Florida Statutes,
- A clinical social worker, marriage and family therapist, or mental health counselor licensed under Chapter 491 of Florida Statutes,
- Or qualified court staff or a licensed child-placing agency.
What Does the Investigation Involve?
The goal of a social investigation is to provide the court with a full picture of each parent’s relationship with the child and their ability to meet the child’s emotional, physical, and developmental needs. The process typically includes:
- Interviews with both parents and the child (when appropriate)
- Home visits to observe each parent’s living environment
- Observation of parent-child interactions
- Consultation with third parties such as teachers, doctors, or caregivers
After completing the evaluation, the investigator compiles a written report for the court. This report includes factual findings and a recommendation for timesharing arrangements and parental responsibilities.
How the Court Uses the Report
While the report is not the final word, it plays an influential role in the court’s decision-making. The Judge may consider the investigator’s findings and recommendations when creating or approving a parenting plan. Importantly, the technical rules of evidence do not exclude the report from consideration, meaning the court can rely on it even if some of its contents would not normally be admissible evidence.
Who Pays for the Social Investigation?
Under Florida law, the parents are typically responsible for paying the costs of the investigation and study.
However, if a parent qualifies as indigent (unable to afford the costs) and the court lacks qualified staff to perform the study, the Department of Children and Families may be asked to conduct the investigation at no charge.
When a Social Investigation May Be Conducted Without a Court Order
While the court orders many social investigations, parents can also retain a qualified professional to conduct a private social investigation. It can be a valuable option for families seeking to:
- Resolve disputes through mediation or settlement before litigation,
- Obtain a professional, neutral assessment to guide negotiations on a parenting plan, or
- Present an independent evaluation to the court as part of their case.
A privately arranged social investigation follows the same professional standards as a court-ordered one. The resulting report can be introduced as evidence during proceedings. However, it is important to note that when social investigations are not ordered by the court and are presented as an independent evaluation, the parent who requested it is responsible for paying all costs, unless agreed otherwise. In addition, the parent who did not request the social investigation is under no legal obligation to cooperate.
Why Social Investigations Matter
A social investigation helps ensure that decisions about parental responsibility, and time-sharing are made based on objective, professional assessments rather than conflicting parental testimony. For parents, it’s an opportunity to demonstrate commitment, parenting ability, and the stability of the home environment.
How Remsen Family Law Can Help
Navigating custody disputes can be emotionally and legally challenging. At Remsen Family Law Firm, our family law attorneys guide parents through every stage of the process, from court orders to working with evaluators and preparing for the social investigation. We ensure your rights are protected while keeping the focus on what matters most: your child’s best interests.
Contact our offices in Tavares, Clermont, or Lady Lake, Florida, at (352) 221-9389 or (407)-898-8822 to schedule a consultation with a family law attorney who cares.
