PARENTING INVESTIGATIONS, EVALUATIONS & RECOMMENDATIONS

When parents cannot agree on how to go about sharing parenting of their children, and mediation is unsuccessful, they may agree (or a court may order) that an impartial investigator shall conduct a thorough investigation, evaluate the facts and observations, and make a recommendation to the court for a parenting plan that is in the best interest of their child.

Montana has no standards or requirements for people appointed to this role. The appointed person may be the child’s Guardian ad Litem, which, in private parenting cases, is required to be an attorney that advocates for the child’s best interests. The appointed person may also be any other person considered appropriate by the court. MALCOM & PIERS investigations apply the statutory factors the court must consider, and follow the guidelines promulgated by the State of Michigan Custody and Parenting Time Investigation Manual. The investigator neutrally evaluates the effect of each parent on the best interests of their child, and makes factually supported recommendations in a report to the court regarding the arrangement that would most well-serve the best interest of their child.

The report is mailed to the parents (or their attorney if they have one) and the court at least ten days before the final hearing, or more often if ordered by the court or requested by the parties. The parents (or their attorneys) are entitled to call the investigator as a witness at the hearing to aid the court in its fact-finding.