What is a 730 Custody Evaluation?

In contested custody cases, a court may order or the parties may agree to appoint a neutral party to collect data and make recommendations regarding custody and visitation. In California, the authority to order this evaluation is Evidence Code Section 730 and often the process is referred to as a “730 custody evaluation”.

The focus of a 730 custody evaluation should be on the children’s well-being and best interests. The evaluator is often a psychologist, psychiatrist, social worker or marriage and family therapist and must meet certain criteria to qualify for an appointment.  The evaluator is appointed as the court’s expert and shall remain neutral during the evaluation.

The purpose of the evaluation is to collect data from different sources and make a recommendation that is in the best interest of the child. Data is collected from multiple sources including interviews of the parents, children and collateral contacts such as family friends, teachers or coaches, reviewing documents and psychological testing. Depending on the complexity of the issues and availability of the evaluator, the process may take several months.  At the conclusion, a written report will be provided to the court and both parties for review and consideration.

It is stressful and difficult to go through a child custody evaluation but being prepared and understanding the process of a child custody evaluation will help you be successful. If you are involved in a contested custody case, we are here to assist you through this process.