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Investigations & Reports

Quick Facts

Court ordered investigation may incur fee, subject to ability to pay.
Investigation has comprehensive potential scope and depth.
The report will be made available to the partys' attorneys.

Court Order

In contested custody proceedings, and in other custody proceedings if a parent or the child's custodian requests, the court may order an investigation and report on custodial arrangements. If the county conducts an investigation, then the county may charge a fee. The investigation and report may be made by the county welfare agency or department of court services.

Preparation

In preparing a report concerning a child, the investigator may consult any person who may have information about the child and the potential custodial arrangements, except for persons involved in mediation efforts between the parents. Mediation personnel may disclose to investigators and evaluators information collected during mediation only if agreed to in writing by all parties.

By order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, school personnel, or other expert persons who have served the child in the past after obtaining the consent of the parents or the child's custodian or guardian.

The report submitted by the investigator must consider and evaluate the factors prescribed by Minnesota law and include a detailed analysis of all information considered for each factor. If joint custody is contemplated or sought, the report must consider and evaluate the factors, state the position of each parent and the investigator's recommendation and the reason for the recommendation, and reference established means for dispute resolution between the parents.

Availability to Counsel

The court will mail the investigator's report to the parents' attorneys at least ten days before the hearing. The investigator must maintain a file of underlying data and reports, complete texts of diagnostic reports made to the investigator, and the names and addresses of all persons whom the investigator has consulted. Mediation proceedings are not subject to discovery without written consent of both parents. A parent is permitted to call the investigator and any person whom the investigator has consulted for cross-examination at the hearing. A parent may not waive the right of cross-examination before the hearing.

Use at Hearing

Either parent may submit the investigator's report as evidence at the hearing.

Costs

The court will order all or part of the cost of the investigation and report to be paid by either or both parents, based on their ability to pay. Any part of the cost that the court finds the parents are incapable of paying will be paid by the county welfare agency or department of court services that performs the investigation. The court may not order costs to be paid by a parent receiving public assistance or legal assistance from a qualified legal services program or by a parent whose annual income falls below the federal statutory poverty line.