What is a 604.10(b) Evaluation in Illinois?

July 7th, 2025 by Tiffany Hughes

During a divorce in Illinois or a Parentage Case in Illinois, issues revolving around child custody can be difficult and emotional for all parties involved. In some cases, child custody issues can evolve into something incredibly arduous and complex and, when that happens, the judge or one of the attorneys may request that a custody evaluation, also known as a 604.10(b) evaluation, be conducted.

How is the Child Custody Evaluator Chosen?

Upon the request of one of the parties or on its own motion, the court will make a determination based on the facts and circumstances of the case whether or not a 604.10(b) evaluation is appropriate. The court will take into account the contested issues and the best interests of the child. As the statute mandates that the cost of the 604.10(b) evaluation be allocated to the parties with either one or both being ordered to pay for the 604.10(b) evaluation, subject to reallocation or contribution, the parties’ respective abilities to pay for the child custody evaluation is also an issue that the court must consider. Once it is determined that a 604.10(b) evaluation will be ordered, the court will appoint either an agreed upon evaluator or an evaluator of the judge’s choosing.

What is the Purpose of a 604.10(b) Evaluation?

A 604.10(b) evaluation is where a professional, typically a mental health professional, will investigate each parent’s parenting abilities and relationship with the child to make a report to the court regarding their recommendations on child custody and parenting time in divorce. The purpose of the 604.10(b) evaluation is to assist the court in ordering child custody and parenting time arrangements based on the best interests of the child.

What Happens During a 604.10(b) Evaluation?

Most typically, during the evaluator’s investigation they will conduct an interview with each parent, the child, family members, friends, and other third-parties familiar with a parent’s relationship with the child. The evaluator will also perform certain psychological tests to get a better understanding of the mental health of the parties involved. Further, the evaluator may also conduct a home study of each parent with the child. During a home study the evaluator will be looking at the suitability of the home for the child based on their age. Once the investigation is complete, as previously stated, the evaluator will draft a report making specific recommendations based on their findings.

The evaluator is then required to provide the judge with the report containing all of their recommendations as to child custody and parenting time. It is important to note, that there is no confidentiality in a 604.10(b) evaluation and the findings of the evaluators are not binding upon the parties and the judge is not forced to adhere to the recommendations of the evaluator. However, the judge is required to review and consider the evaluator’s findings and recommendations and often, the recommendations of the evaluator will play a role in the judge’s decisions regarding child custody and parenting time in the case. Therefore, it is important and in your best interest to be open and honest when dealing with a custody evaluator.

Need More Information or Representation?

If you are filing for a divorce or wanting to know more about 604.10(b) evaluations, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who is filing for a divorce, parentage case in Illinois, fighting for child custody, wanting to know more about what a 604.10(b) evaluation is, what the purpose of a 604.10(b) evaluation is, what happens during a 604.10(b) evaluation, how the court determines if a 604.10(b) evaluation is appropriate, how the 604.10(b) evaluator is chosen, the cost of a 604.10(b) evaluation and who is responsible, and whether there is any confidentiality in a 604.10(b) evaluation.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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