Court-ordered and legal evaluations
How evaluations for courts, attorneys and agencies work, who requests them, what they can answer, and how confidentiality and fees are handled.
Last reviewed November 5, 2026
The short version
- Legal evaluations answer a specific question for a court, attorney or agency.
- The referral source, the purpose and who receives the report should be clear before testing begins.
- A treating provider and a legal evaluator play different roles; the evaluator may not be neutral in the way a therapist is.
- Fees, timelines and records rules are usually set in writing.
- Fair Winds provides some court and legal services; call to ask whether the specific request fits.
Legal evaluations are different from treatment. They answer a specific question for a court, attorney or agency, and the report may be shared with people outside the treatment relationship. Understanding the scope and rules before testing begins prevents surprises.
This guide is general information, not legal advice.
What legal evaluations are for
Common requests include:
- Parenting capacity or custody questions
- Court-ordered assessment after a legal dispute
- Documentation for damages or injury
- Evaluation of a child’s needs in a family law case
- Consultation with attorneys
- Records review and written opinion
The exact scope should be defined in writing. A vague request produces a vague report.
Treatment versus evaluation
A therapist’s job is to treat. A legal evaluator’s job is to answer a question. Those roles can conflict, which is why attorneys often prefer a separate evaluator for a legal opinion.
A treating provider can still provide records, a summary of treatment or a letter describing functioning. That is different from a neutral evaluation, and it should be labeled clearly.
Before you begin
Ask:
- What question is being answered?
- Who requested the evaluation?
- Who will receive the report?
- What records will be reviewed?
- Will collateral contacts be interviewed?
- What is the fee, retainer and cancellation policy?
- What is the timeline?
- What are the limits of confidentiality?
Get the answers in writing.
What the evaluation may include
- Interviews with the person and relevant others
- Standardized testing
- Records review
- Observation
- A written report with findings and opinions
- A feedback session, if included in the scope
The evaluator should stay within the agreed scope and explain the limits of the opinion.
Fees and records
Legal work often requires a retainer and a written agreement. Fees may include testing, records review, report writing, consultation and testimony. Ask about rush requests and cancellation.
Records and reports may be released to the court or attorneys named in the agreement. Ask who else may see them and how they will be stored.
A note about our role
Fair Winds provides some court and legal services, including evaluation and documentation. We do not provide legal representation. Call 817-735-4165 to ask whether your request fits our scope and schedule.
Our records and reports page explains how to request copies.
This guide is general information, not legal advice.
Questions and answers
The basics
What is a court-ordered evaluation?
It is an evaluation requested by a court, attorney or agency to answer a legal question, such as parenting capacity, custody, damages or the need for services. The scope and recipients are defined in advance.
Is this the same as therapy?
No. Therapy is for treatment. A legal evaluation is for a specific legal question and may be shared with the court or attorneys. The roles and confidentiality rules are different.
Can my therapist write a letter for court?
A treating provider can provide records or a letter about treatment. That is different from a neutral evaluation. Attorneys sometimes prefer a separate evaluator for a legal opinion.
Who pays for the evaluation?
The person or party who requests it usually pays. Fees, retainer, cancellation rules and records costs should be explained in writing before the work begins.
The process
What does the evaluation include?
It depends on the question. It may include interviews, testing, records review, observation, collateral contacts and a written report. The scope should be agreed in advance.
How long does it take?
Timelines vary with the scope, records and court dates. Ask for an estimate and a written schedule. Rush requests may be possible for an additional fee.
Who receives the report?
The report goes to the person or entity named in the agreement, usually the court or attorneys. The release should be in writing. Ask who else may see it.
Is the evaluation confidential?
Legal evaluations often have different confidentiality rules than therapy. Information may be shared with the court or attorneys. Ask for the limits in writing before you begin.
Fair Winds
Does Fair Winds accept court referrals?
We provide some court and legal services, including evaluation and documentation. Call to ask whether the specific request fits our scope and schedule.
Can you guarantee an outcome?
No. An evaluation provides information and opinion. The court, attorneys or agency decide what to do with it.