What Is a 730 Child Custody Evaluation and How Does It Affect Your Case
If a judge has ordered a 730 evaluation in your custody case, you are probably feeling uneasy. A stranger is about to look closely at your family and make a recommendation about your children. That is a lot to take in. Understanding what the process actually involves can make it far less intimidating.
A 730 evaluation is a common tool in contested custody cases, and it is not a verdict on you as a parent. This piece explains what the evaluation is, what the evaluator does, what it costs, and how much weight it carries. To prepare for your specific case, it helps to work with an experienced Encino family law attorney.
What Is a 730 Custody Evaluation?
A 730 evaluation is a court-ordered assessment by a neutral mental-health professional who studies your family and reports back to the judge.
The name comes from the statute that authorizes it:
“When it appears to the court, at any time before or during the trial of an action, that expert evidence is or may be required by the court or by any party to the action, the court on its own motion or on motion of any party may appoint one or more experts to investigate, to render a report as may be ordered by the court, and to testify as an expert at the trial of the action…” — Cal. Evid. Code §730
The evaluator is usually a licensed psychologist, marriage and family therapist, or psychiatrist. They do not work for either parent. Their job is to serve as the court’s neutral expert.
Why Courts Order a 730 Evaluation
A court may order a 730 evaluation when important questions about custody cannot be resolved from testimony and documents alone.
In California, custody decisions are based on the child’s best interests. When parents strongly disagree about where a child should live, how decisions should be made, or whether there are concerns affecting the child’s well-being, a judge may want more information before making a ruling.
The evaluation gives the court an independent assessment of the family situation and is most often used in contested or high-conflict custody cases.
What the Evaluator Does
The evaluator gathers information from several sources before forming any opinion.
A typical evaluation includes:
- Reviewing records such as school, medical, or police reports
- Observing how each parent and the child interact
- Interviewing each parent, separately or together
- Interviewing the children, often privately
- Speaking with others involved in the child’s life when relevant
This work is governed by California Rule of Court 5.220, which sets standards for the conduct of evaluations. The process is thorough and takes time. Many evaluations run several weeks, and some take up to six months to complete.
How Much a 730 Evaluation Costs and Who Pays
A 730 evaluation is one of the more expensive steps in a custody case. The cost depends on the evaluator and the issues involved, but it is not unusual for a full evaluation to cost several thousand dollars. In more complex cases, the total can reach $20,000 to $25,000 or more.
The court decides who pays. Sometimes the cost is divided between the parents. In other cases, one parent may be ordered to cover the expense initially, with the issue revisited as the case progresses.
If cost is a concern, raise it early, because the court can take ability to pay into account.
How a 730 Evaluation Affects Your Custody Case
At the end of the evaluation, the evaluator prepares a report for the court. The report typically includes observations about the family and recommendations on custody and visitation.
Judges often consider these recommendations carefully because they come from an independent professional who has carefully reviewed the family’s circumstances. Even so, the report is only one piece of the evidence.
Both parents have the opportunity to review the report, challenge its conclusions, and present their own evidence. The final decision always belongs to the judge, who must decide what arrangement serves the child’s best interests.
The 730 Evaluation at a Glance
|
Question |
Answer |
| What is it? | A court-ordered custody evaluation by a neutral expert |
| Legal basis? | Cal. Evid. Code §730; Rules of Court 5.220 |
| Who performs it? | A psychologist, therapist, or psychiatrist |
| How long? | Several weeks up to about six months |
| What does it cost? | Often thousands, sometimes $20,000+ |
| Does it decide custody? | No; the judge makes the final decision |
FAQs
What is the purpose of a 730 evaluation?
It gives the court an independent, expert look at a family in a contested custody case. The evaluator studies each parent’s situation and the child’s needs, then reports to the judge. The goal is to help the court decide what custody arrangement serves the child’s best interests.
Who pays for a 730 evaluation?
The court decides. It may divide the cost between the parents or order one parent to pay up front, with the amount later reallocated. Because these evaluations are expensive, it is worth addressing cost with your attorney and the court early.
How long does a 730 evaluation take?
It varies, but most take several weeks, and some last up to six months. The timeline depends on the case’s complexity, the evaluator’s schedule, and the number of people to be interviewed. Your attorney can give you a realistic estimate for your situation.
Does the evaluator decide who gets custody?
No. The evaluator makes a recommendation, but only the judge can order custody. The report carries weight because it comes from a neutral expert, yet it is one piece of evidence the court considers alongside everything else in your case.
How should I prepare for a 730 evaluation?
Take the process seriously and be ready to answer questions about your child, your parenting, and the custody issues in the case. Follow the evaluator’s instructions, attend all appointments, and discuss the process with your attorney beforehand so you know what to expect.
Can I challenge the evaluator’s report?
Yes. If you disagree with the report, you can point out inaccuracies, question the evaluator’s conclusions, and present other evidence to the court. The judge considers the report, but it is not binding and does not decide the case on its own.
Conclusion
A 730 evaluation gives the court additional information in custody cases where important questions remain unresolved. The evaluator reviews the family situation, prepares a report, and may make recommendations about custody and visitation. The judge then decides on the arrangement that is in the child’s best interests.
If a 730 evaluation has been ordered in your case, the attorneys at Pedrick Law Group, including a Certified Family Law Specialist certified by the California Board of Legal Specialization, can help you understand the process, prepare for the evaluation, and address any concerns about the final report. Contact the firm to discuss your situation and the next steps in your case.