What You Need to Know About 730 Custody Evaluation in California
Courts can order the evaluation of a child’s family. Here’s everything you need to know about the 730 custody evaluation in California.
A judge can order a 730 evaluation, an assessment of a child’s family and situation. 730 evaluations can be requested by either parent in a custody or divorce case. The evaluator ultimately will help determine the child’s best interests.
What Is a 730 Evaluation?
A 730 evaluation is an assessment of the child’s parents, family member, living arrangements, and other factors. A judge can order a 730 evaluation to help determine child custody that suits the child’s best interests. The evaluator can testify in court or give the judge a professional report of the evaluation.
Under California Family Code 730, a judge can order a 730 evaluation to examine a family. Either parent can request a 730 evaluation in a divorce or a judge can order an evaluation in a custody case. A judge can order a professional, impartial evaluator to investigate the child’s family. Licensed evaluators remain objective throughout evaluations. Ultimately, the goal of a 730 evaluation is to determine the child’s best interests.
To determine the child’s best interests, the evaluator will assess:
- The child’s needs
- How the child’s needs are being met
- The child’s relationship with each parent
- Each parent’s mental health
- History of domestic and substance abuse
Questions Asked in 730 Evaluation
To provide the court with an understanding of the child’s best interests based on their health, well-being, and safety, the 730 evaluator may ask you the following questions:
- How do you meet the child’s needs?
- How does your work schedule affect your parental responsibilities?
- Do you take care of the child when he or she is sick?
- Do you take the child to medical appointments?
- Will you spend time with your child when he or she is in your custody?
- Are you supportive of the child’s relationship with their mother/father?
- Do you involve the child’s other parent in making significant decisions for the child?
It’s important to answer these questions honestly and promptly. The evaluator is trying to protect the child’s best interests, so it’s important for you to be open and honest with them in the evaluation. The evaluator may consider it a red flag if you lie, which may jeopardize your custody rights.
How to Win a 730 Evaluation in California
To win a 730 evaluation in California, you ultimately want to show the evaluator that you uphold the child’s best interests. Promptly answer their calls, remain honest, and dress well in the assessment. If the evaluator is coming to your home, put away sharp objects and alcohol, and make sure your home is clean.
1. Stay On The Evaluator’s Good Side
The evaluator is assessing whether or not you will responsibly uphold the child’s bests interests. Their assessment of your behavior can affect your custody and visitation rights. It’s important to show the evaluator that you are a responsible individual. Answer his or her calls promptly, and show up to appointments on time. If people related to you are being evaluated, ensure that they are on time as well. If you need to present documents to the evaluator, organize them. You want to make this process as easy as possible for the evaluator.
2. Never Lie
Parents in 730 evaluations often feel the need to lie when being assessed by the mediator. This is always the wrong choice. If the evaluator discovers that you lied in the assessment, he or she may question your honesty and feel the need to limit your custody rights. The evaluator will appreciate an honest response more than a lie.
3. Dress Well
Make sure you look presentable in front of the mediator. You should dress professionally for an appointment where the evaluator is present. Dress for success.
4. Tidy Up Your Home
If the evaluator is coming to your home for an assessment or evaluation, make sure your home is clean. The evaluator must feel that your home is a safe and healthy environment for a child to live in. Put away any alcohol, and make sure any sharp or dangerous objects are not within the child’s reach or access.
730 Evaluation Forms California
To request a 730 evaluation in California, you must complete Order Appointing Child Custody Evaluator (Form FL-327). After filling out the form, have an attorney make sure it’s properly completed. Then, file it with your local court clerk.
How to Stop a 730 Evaluation
A parent can attempt to prove in court that a 730 evaluation is not necessary. One could argue that the financial costs of the evaluation will outweigh the benefits. However, it can be very difficult to stop a 730 evaluation once the judge orders one.
FAQs About 730 Custody Evaluation in California
How much does a 730 evaluation cost in California?
How much the 7340 evaluation costs depends on how long it takes and the evaluator’s hourly rate. Evaluators charge between $100 and $400; the process can take up to three months. The total cost of 730 evaluations range from $1,000 to $50,000
Can you record a 730 evaluation?
The evaluator can record the 730 evaluation and present it to other child welfare agencies, if necessary. The final document of evaluation remains in the court’s private record.
How long does a 730 evaluation take?
730 evaluations usually take up to 3 months to complete. The evaluator will spend this time closely assessing the child’s parents, family members, living situations, etc.. Once the 730 evaluation is completed, the evaluator will submit a professional report to the judge.
Can you order a 730 evaluation for one person?
A 730 evaluation assesses a child’s family and living situation as a whole. The evaluator must remain objective throughout the evaluation, so he or she will likely be required to assess many persons. However, the evaluator can focus on one parent or family member’s relationship with the child.
Can a therapist recommend a 730 evaluation?
A mental health expert involved in a custody case can request a 730 evaluation to assess the child’s best interests. The judge may then order a 730 evaluation.
Does the judge follow the 730 evaluation?
730 evaluators are performed by licensed and professional evaluators; completed evaluations can play a serious role in when determining child custody. The judge will use the 730 evaluation to help determine a child custody order.
Can a parent order a 730 evaluation in the family court?
A parent can request a 730 evaluation in a divorce or family court. If warranted, the judge can order a 730 evaluation to determine the child’s best interests.
Free Consultation With a Child Custody Attorney in California
If you’re going through a 730 evaluation for child custody in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our Child Custody Attorneys in California today!