How to Approach a 604(b) Custody Evaluation in Illinois

 Posted on April 25, 2025 in Child Custody

Custody issues – known as the allocation of parental responsibilities in Illinois – are often the most difficult aspect of a divorce. Couples going through a divorce are usually required to try mediation, and if a mediated agreement cannot be reached, the Court could appoint a guardian ad litem (GAL), who is often another lawyer. The GAL will conduct an independent investigation into the child’s home situation before making a recommendation to the courts.

If there are still disagreements regarding parenting time or the allocation of parental responsibilities, the Court may choose to appoint a psychologist or psychiatrist who will conduct a more in-depth investigation into the parents to determine the best interests of the minor children. The power of the Illinois family courts to order such an investigation is found in Section 604(b) of the Illinois Marriage and Dissolution of Marriage Act, so a custody evaluation of this type is commonly referred to as a 604(b).  

If the Court has ordered a 604(b) custody evaluation during the allocation of parental responsibilities, it can be an anxiety-inducing experience. There are things you can do that will ensure the evaluation goes as smoothly as possible. Speaking to an experienced Wheaton, IL family law attorney can make a significant difference in the outcome of a 604(b) evaluation.  

Who Performs a 604(b) Custody Evaluation?

The 604(b) is performed by a licensed mental health professional who is hired by the Court but paid by the parents. A 604(b) evaluation includes interviews with both parents and with the children. The mental health professional will observe the interactions between the child or children and their parents, as well as the interactions between the parents.

In some cases, mental health diagnostic tests will be administered. While the results of a mental health evaluation are generally considered private and privileged, the Court has held that a 604(b) report and related materials are not covered under the Confidentiality Act because they do not specifically fall under "treatment."

How Should You Respond to a 604(b) Evaluation?

The professional who performs the 604(b) evaluation will have full discretion regarding how the evaluation is handled, as well as its overall scope. There are usually multiple interviews with both parents and each child, both individually and together. Evaluators will sometimes interview friends and family members to discuss the parents’ interactions with the children.

 Parents should acknowledge their own parenting strengths and weaknesses and should always answer questions truthfully. This is not the time for a parent to lobby for his or her wishes regarding parenting time and parental responsibilities.  Parents should show a willingness to consider different arrangements after expressing (once) why one is preferred over another.

 Parents should also focus on the best interests of the children and acknowledge the value of the children having ongoing, positive relationships with both parents. Any requests for additional paperwork or information should be addressed promptly. Things to avoid during a 604(b) evaluation include:

• Saying negative things about the other parent
• Asking the evaluator to provide therapy
• Coaching the children about what they should say or do
• Missing appointments with the evaluator
• Attempting to manipulate the evaluator
• Being late for appointments with the evaluator
• Disobeying custody orders in place while the evaluation is pending

 When the evaluation is complete, a written report will be given to the Court and to both parents. A parent who strongly disagrees with the results of the evaluation can request a 604.10(c) evaluation in hopes of a different outcome.

Contact a DuPage County, IL Parental Responsibilities Lawyer

During the allocation of parental responsibilities, it can be extremely beneficial to have a highly experienced Wheaton, IL parental responsibilities attorney from Fawell & Fawell by your side. Attorney Alex Fawell was a federal judicial clerk for the Honorable John Darrah and a 711 law clerk for the Public Defender’s offices in DuPage and Cook Counties. Our firm offers a practical, results-oriented approach. To schedule a free consultation, call 630-871-2400.