California courts consider multiple factors when assessing child custody. In some cases, a court may appoint an evaluator to conduct a 730 evaluation. The purpose of the appointment and evaluation is to provide additional information and insight into the child’s circumstances and aid the court in determining what is in the child’s best interest. If your case involves this type of appointment, you need to know: What happens during a California 730 evaluation?
What is a California 730 Evaluation?
A California 730 evaluation refers to an assessment performed by an expert upon court order that results in a report. The purpose of the evaluation and report is to give the court additional information about a certain topic.
California Evidence Code 730 provides that:
“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 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 relative to the fact or matter as to which the expert evidence is or may be required.”
“The court may fix the compensation for these services, if any, rendered by any person appointed under this section, in addition to any service as a witness, at the amount as seems reasonable to the court.”
How Does a 730 Evaluation Work in California Family Law Case?
California 730 evaluations are not limited to custody and divorce. These assessments can be ordered for various legal family law topics. When an evaluation is ordered in a family law case, the purpose may be to offer insight into the parent-child relationship, parenting abilities, property division-related issues, or any other topic the court deems relevant.
730 Evaluations and Child Custody Matters
When a 730 evaluation is ordered in a California child custody matter, the court-appointed expert will generally be a licensed professional such as a psychologist, marriage, family counselor, or social worker.
Once a child-custody evaluator is appointed, the individual will meet with the child, the parents, and other relevant people to help them gain insight into the child’s circumstances. Evaluators can also gather additional data to help them assess whether a proposed custody arrangement and/or visitation schedule is in the child’s best interest.
The 730 evaluator’s role is to learn about the child’s circumstances and parent relationships, identify how the child’s needs are being met and what the child requires, and assess how the parent-child relationship is functioning. In addition, the appointed person will look into issues such as parental mental health, history of domestic violence or substance abuse, and other factors related to the child’s well-being.
Once the 730 child custody evaluation is complete, the evaluator will generally file a report with the court that will be sent to both parties. The 730 evaluator can also testify at later proceedings.
730 Evaluations can be a crucial part of a California child custody or divorce case, and it’s vital that you understand how the process works. If your divorce or child custody matter is complicated, there is always the possibility that a 730 evaluator will be appointed. In this situation, it’s crucial to have the advocacy and advice of an experienced California custody and divorce attorney throughout the process.
Contact an Experienced California Child Custody Attorney
The attorneys at the Law Offices of Judy L. Burger are experienced California child custody attorneys who can help you with your 730 evaluation issues and all other aspects of your case. Our firm assists clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.