Child Custody Evaluation FAQ

A 730 evaluation, named after California Evidence Code Section 730, is a comprehensive child custody evaluation conducted by a court-appointed mental health expert to help the judge make informed custody decisions. When parents cannot agree on custody arrangements or when complex psychological issues affect the case, courts may order these evaluations to obtain professional assessment of what custody arrangement best serves the child's interests.

The evaluator is typically a licensed psychologist, psychiatrist, or clinical social worker with specialized training in child custody evaluations and family dynamics. Under Evidence Code Section 730, the court appoints the evaluator as a neutral expert whose duty is to the court and the child's best interests, not to either parent. The evaluation process is comprehensive and typically includes individual interviews with both parents, interviews with the children, psychological testing of parents and sometimes children, observation of parent-child interactions, home visits to each parent's residence, review of relevant documents including school records, medical records, and court filings, and collateral interviews with people who have relevant information about the family such as teachers, therapists, or family members.

The evaluator produces a detailed written report with findings and recommendations regarding custody and visitation arrangements. This report is submitted to the court and both parties, and the evaluator may be called to testify at trial to explain their findings and recommendations.

A child custody evaluator in California serves as a neutral expert appointed by the court under Evidence Code Section 730 to assess family dynamics and make recommendations about custody and visitation arrangements that serve the child's best interests. The evaluator's role is defined by California Family Code Section 3111 and California Rules of Court Rule 5.220, which establish standards for child custody evaluations.

The evaluator conducts a thorough, objective assessment of each parent's ability to meet the child's needs, the quality of the parent-child relationship, any risk factors such as domestic violence or substance abuse, the child's developmental needs and preferences, and the impact of proposed custody arrangements on the child's wellbeing. The scope of the evaluation is determined by the court's order and may address specific issues such as whether joint custody is appropriate, which parent should have primary physical custody, whether supervised visitation is necessary, the impact of domestic violence or substance abuse on custody, relocation requests and their effect on the child, or special needs of the child requiring particular custody arrangements.

The evaluator must remain neutral and objective, serving the court rather than advocating for either parent. They are bound by ethical guidelines established by their professional licensing boards and must base recommendations on established psychological principles, relevant research, and the specific facts of the case. The evaluator's recommendations carry significant weight with the court, though judges are not bound to follow them and may reach different conclusions based on the totality of evidence.

Child custody evaluations in California typically cost between $3,000 and $10,000 or more, depending on the complexity of the case, the evaluator's experience and rates, the geographic location, and the scope of the evaluation ordered by the court. Private evaluators generally charge hourly rates ranging from $200 to $500 per hour, and comprehensive evaluations typically require 20 to 40 hours or more of the evaluator's time.

This time includes interviewing parents and children, conducting psychological testing, performing home visits, reviewing documents, conducting collateral interviews, writing the comprehensive report, and potentially testifying in court. California Family Code Section 3111 addresses the allocation of evaluation costs, generally requiring parents to share the costs based on their respective incomes and abilities to pay. The court may order one parent to pay the entire cost if there is a significant disparity in incomes, or may order costs split equally if parents have similar financial resources.

Some California counties offer court-connected evaluation services through Family Court Services at reduced costs or on a sliding scale based on income, though availability varies by county and these services may have waiting lists. When ordering an evaluation, the court typically requires parents to pay a deposit to the evaluator before the evaluation begins, with the final balance due upon completion. Parents should request a written fee agreement from the evaluator specifying hourly rates, estimated total costs, payment schedules, and what services are included. The significant cost of evaluations is one factor courts consider when deciding whether to order one, typically reserving evaluations for cases where they are truly necessary to resolve custody disputes.

You can object to a custody evaluation being ordered, but once the court orders an evaluation under Evidence Code Section 730, you must participate or face serious consequences. When a party requests an evaluation, you have the opportunity to oppose the request by arguing to the court that an evaluation is unnecessary, too expensive given the issues in dispute, or that other evidence adequately addresses custody questions without need for expert evaluation. However, courts have broad discretion to order evaluations when they determine expert assistance will help resolve custody disputes.

If the court orders an evaluation, California Rules of Court Rule 5.220 governs the process. Generally, the court appoints a specific evaluator, and parents have limited ability to request a different evaluator. You may object to the court's choice of evaluator if you can demonstrate legitimate concerns such as the evaluator's bias based on previous cases, conflicts of interest, or lack of proper qualifications. However, you cannot simply reject an evaluator because you fear their conclusions may not favor you. Some courts maintain lists of qualified evaluators and may allow parents to agree on an evaluator from that list, but the court makes the final appointment.

Refusing to participate in a court-ordered evaluation can result in serious sanctions including being held in contempt of court, negative inferences drawn against you in the custody proceeding, or the evaluation proceeding with only the other parent's participation, resulting in a one-sided report. California Family Code Section 3118 provides that failure to comply with evaluation requirements may be considered in custody determinations. Your best approach is to participate fully and honestly in the evaluation process while ensuring your attorney challenges any procedural irregularities or biased conclusions in the final report.

During a child custody evaluation interview in California, the evaluator conducts detailed conversations with each parent separately to gather comprehensive information about parenting abilities, family dynamics, and factors affecting the child's best interests. Initial parent interviews typically last two to four hours and cover extensive topics including your background, education, employment, and living situation, your relationship history with the other parent and reasons for separation, your parenting history and current involvement in the child's daily care, your understanding of the child's developmental needs, educational progress, health issues, and social relationships, your proposed custody and visitation arrangements and reasoning, any concerns about the other parent's parenting abilities or risk factors, your support system including extended family and community resources, and your own mental health history and current functioning.

The evaluator asks open-ended questions and follows up on responses to understand your perspective thoroughly. They assess your credibility, emotional stability, insight into parenting issues, and ability to prioritize your child's needs over personal conflicts. The evaluator also conducts separate interviews with each child, age-appropriate in nature. Young children may be interviewed through play or drawing activities, while older children engage in direct conversation. The evaluator asks about their relationships with each parent, their daily routines and activities, their preferences regarding custody if they are old enough, and their understanding of family changes.

Evaluators are trained to detect coaching or undue influence on children. You should approach interviews honestly and thoughtfully, focusing on your parenting strengths and your child's needs rather than attacking the other parent. Preparation with your attorney regarding likely questions and appropriate responses is advisable.

Psychological testing in California custody evaluations typically includes standardized instruments designed to assess parental personality characteristics, mental health functioning, and parenting abilities relevant to custody decisions. Common tests include the Minnesota Multiphasic Personality Inventory (MMPI-2 or MMPI-3), which assesses personality traits, psychopathology, and response validity to detect parents attempting to present themselves unrealistically positively or negatively. The Millon Clinical Multiaxial Inventory (MCMI) evaluates personality disorders and clinical syndromes. The Parenting Stress Index measures stress levels in the parent-child relationship and identifies dysfunctional parenting patterns.

The Ackerman-Schoendorf Scales for Parent Evaluation of Custody (ASPECT) is specifically designed for custody evaluations, comparing parents on factors relevant to custody decisions. Some evaluators use the Bricklin Perceptual Scales to assess children's perception of their parents' competency. Intelligence testing such as the WAIS may be administered if intellectual functioning is relevant to parenting capacity. Substance abuse screening tests may be included when substance use is a concern. California Rules of Court Rule 5.220 requires that evaluators use scientifically valid assessment methods.

Psychological tests should not be the sole basis for custody recommendations but rather one component of a comprehensive evaluation. The evaluator interprets test results in context with interview data, observations, and collateral information. Test results help identify mental health issues, personality patterns that may affect parenting, stress levels impacting parenting capacity, or parental alienation tendencies. Parents should answer test questions honestly, as validity scales detect attempts to fake responses. If you have concerns about testing procedures or interpretation, your attorney can challenge the evaluator's methodology during cross-examination or through expert rebuttal testimony.

Yes, you can challenge a custody evaluator's report and recommendations in California, though the process requires strategic legal work and often expert assistance. The evaluator's report is evidence submitted to the court, not a binding decision, and the judge makes the final custody determination considering all evidence presented. Under Evidence Code Section 730, the evaluator may be called as a witness at trial, and you have the right to cross-examine them about their findings, methodology, and recommendations.

Your attorney can challenge the evaluation through several approaches. First, challenge the methodology by showing the evaluator failed to follow California Rules of Court Rule 5.220 requirements, relied on outdated or scientifically invalid assessment methods, did not spend adequate time with the family, or failed to consider important information. Second, challenge bias or lack of objectivity by demonstrating the evaluator showed favoritism toward one parent, had preconceived conclusions, or allowed personal biases to affect recommendations. Third, challenge factual errors by identifying misstatements or mischaracterizations in the report regarding events, statements, or documents. Fourth, present contrary evidence through your own testimony, witness testimony, documentary evidence, and potentially a rebuttal expert who reviews the evaluation and testifies about its deficiencies.

California Family Code Section 3111 allows courts to appoint additional experts if needed. You can file written objections to the report before trial, highlighting specific concerns for the court's attention. You can also request the court allow you to depose the evaluator before trial to explore weaknesses in their analysis. However, challenges to evaluation reports are more successful when based on legitimate methodological or factual issues rather than simply disagreeing with conclusions unfavorable to you. Courts give substantial weight to properly conducted evaluations, so effective challenges typically require demonstrating significant flaws or presenting compelling alternative evidence.

Yes, custody evaluators can and often do testify in court in California, and both parties have the right to cross-examine them regarding their findings and recommendations. Under Evidence Code Section 730, evaluators are appointed as court experts and may be called to testify by the court or either party. When an evaluation is completed and submitted to the court, the evaluator's written report becomes part of the case record. If the case proceeds to trial rather than settling, the evaluator is typically called as a witness to present their findings, explain their methodology, and answer questions about their recommendations.

The evaluator first provides direct testimony, usually called by the party whose position aligns more closely with the evaluator's recommendations, though sometimes the court calls the evaluator directly. During direct examination, the evaluator explains their qualifications, describes the evaluation process, summarizes their findings regarding each parent's strengths and weaknesses, discusses relevant psychological testing results and their interpretation, explains observations of parent-child interactions, and presents custody and visitation recommendations with supporting reasoning.

After direct testimony, the opposing party has the right to cross-examine the evaluator. Cross-examination may challenge the evaluator's qualifications or experience, question the completeness or accuracy of information they considered, highlight information they may have overlooked or given insufficient weight, challenge their interpretation of data or psychological test results, question whether they properly applied relevant legal standards, or reveal potential bias or predetermined conclusions. Effective cross-examination requires thorough preparation and often consultation with your own psychological expert who can identify weaknesses in the evaluation. The evaluator may also face redirect examination and re-cross-examination. Their testimony can significantly influence the judge's custody decision, making it critical to have experienced legal representation to effectively question the evaluator and present alternative evidence.

A comprehensive child custody evaluation in California typically takes three to six months to complete from the date the evaluator is appointed, though timelines vary based on case complexity, the evaluator's schedule, and the number of people involved. The evaluation process involves multiple stages that require significant time. Initial parent interviews usually occur within a few weeks of appointment and may require multiple sessions totaling four to eight hours per parent. Psychological testing is often administered during or shortly after initial interviews and requires additional time for administration and scoring.

Child interviews are scheduled at appropriate times and may occur over several sessions to build rapport and gather meaningful information. Home visits to each parent's residence are conducted to observe living conditions and parent-child interactions. Collateral interviews with teachers, therapists, physicians, family members, or other relevant individuals require scheduling and coordination. Document review including school records, medical records, therapy records, police reports, and court filings takes substantial evaluator time. After data gathering is complete, the evaluator analyzes all information, integrates findings, and writes a comprehensive report, which may take several weeks.

California Rules of Court Rule 5.220 establishes standards for evaluation procedures but does not mandate specific timelines. Some courts set deadlines for evaluation completion, typically 90 to 180 days. Complex cases involving allegations of abuse, substance abuse evaluations, special needs children, or multiple children may take longer. During the evaluation period, parents should be responsive to the evaluator's requests for information, documents, and scheduling, as delays in cooperation extend the timeline. Once completed, the written report is filed with the court and provided to both parties, who then have time to review it before any trial or hearing.

Preparing for a child custody evaluation in California requires thoughtful planning and consultation with your attorney to present yourself effectively while maintaining honesty and focusing on your child's best interests. First, consult thoroughly with your attorney about the evaluation process, likely questions, and appropriate responses. Your attorney can help you understand what evaluators look for and how to highlight your parenting strengths. Second, organize relevant documents including your parenting time records or calendar showing your involvement in the child's daily care, school records demonstrating your participation in education, medical records showing your involvement in healthcare decisions, photographs of you engaging in activities with your child, and character references from people who have observed your parenting.

Third, prepare your home for the home visit by ensuring it is clean, safe, and child-appropriate with proper sleeping arrangements, adequate food, childproofing for young children, and a space for homework and activities. Fourth, prepare mentally and emotionally to discuss difficult topics honestly, acknowledge your limitations while emphasizing your strengths, avoid speaking negatively about the other parent except when addressing legitimate safety concerns, and focus on your child's needs rather than personal grievances. Fifth, ensure your child is prepared appropriately by explaining the evaluation in age-appropriate terms without coaching them on what to say, maintaining normal routines to reduce stress, and avoiding placing them in loyalty conflicts.

Sixth, maintain appropriate boundaries with the evaluator by being respectful and cooperative, answering questions directly and honestly, avoiding defensive or hostile responses, and demonstrating insight into parenting challenges. Seventh, continue positive parenting practices by maintaining consistent involvement in your child's activities, supporting the child's relationship with the other parent unless safety concerns exist, and following all court orders. Remember that evaluators are trained to detect dishonesty and coaching, so authenticity is essential.