What Is a 730 Custody Evaluation in California?
Quick Answer: A 730 evaluation is an assessment by a court appointed neutral expert, usually a psychologist, who investigates the family and recommends a custody arrangement. Named for Evidence Code section 730 and governed by Family Code section 3111, the evaluator interviews the parents and child and produces a confidential report the judge weighs heavily.
In a high conflict custody case, a judge often cannot sort out the competing stories from two parents on their own. When that happens, the court brings in a neutral expert to investigate the family and report back. That expert's assessment can shape the outcome of the case more than almost anything else, which is why it pays to understand how the process works before you are in it.
What Is a Custody Evaluation?
A custody evaluation is an investigation and analysis of a child's health, safety, welfare, and best interest with respect to disputed custody and visitation, performed by a court appointed neutral expert who then recommends an arrangement. It is commonly called a 730 evaluation after Evidence Code section 730, the statute that lets a court appoint its own expert. In family court it is also governed by Family Code sections 3111 and 3118 and by California Rules of Court 5.220.
Who the Evaluator Is
The evaluator is a court appointed neutral, most often a licensed clinical psychologist, though a licensed clinical social worker or a marriage and family therapist may also serve. Evaluators must meet strict qualification, education, and training requirements, including domestic violence and child abuse training. Importantly, the evaluator is not an advocate for either parent. Their job is to serve the child's best interest and give the court an objective picture, which is why a strong evaluator documents the reasoning behind every recommendation rather than simply stating a conclusion.
What the Evaluator Does
• Interviews both parents, individually and sometimes with the child present.
• Observes the parent and child interaction to assess the relationship firsthand.
• May conduct psychological testing of one or both parents, especially in a full evaluation.
• Makes home visits and contacts collateral sources such as teachers, doctors, and therapists, and reviews relevant records.
When a Court Orders One
A court typically orders an evaluation in high conflict cases, in move away disputes, and where there are allegations of abuse or substance abuse that the judge cannot resolve on the paper record. Where there are serious allegations of child sexual abuse, an evaluation under Family Code section 3118 is mandatory and follows stricter procedures. The order appointing the evaluator defines the scope, whether full or partial, and the specific issues to examine.
The Report Is Confidential and Powerful
The evaluator produces a written report that is filed with the court at least 10 days before the hearing and served on the parties, their attorneys, and any counsel for the child. It is confidential and does not become part of the public file, and an unwarranted disclosure can bring monetary sanctions and attorney fees. The judge is not bound by the recommendation, but in practice it carries substantial weight, which is exactly why how you handle the process matters.
How to Approach an Evaluation
• Be honest and cooperative, since evaluators are trained to spot evasion and it tends to backfire.
• Provide requested documents promptly and make yourself available for interviews and visits.
• Do not coach the child on what to say, because coaching is often detected and damages your credibility.
• Support the child's relationship with the other parent, which the evaluator is watching closely.
The 730 and the 3111 Evaluation
You will hear both numbers. Practitioners use 730 as shorthand, but the Family Code provisions are what govern a custody evaluation. A Family Code section 3111 evaluation is often court connected and less expensive, while an Evidence Code section 730 evaluation typically means a private evaluator who conducts deeper work, including psychological testing. The methodology and the standards the evaluator must follow are the same either way, so the practical difference is usually about cost, depth, and how much control the parties have over who is chosen.
What the Report Contains
A proper report is more than a recommendation. It summarizes the data gathering procedures, the sources of information, and the time spent, and it presents all relevant information, including facts that do not support the evaluator's conclusion. It describes any limitations, such as a party who would not cooperate or information that could not be obtained. And it provides clear, detailed recommendations tied directly to the child's health, safety, welfare, and best interest. A report that skips these elements is open to challenge on cross examination. An evaluator may also make an interim recommendation while the full evaluation is still underway if the child's immediate best interest calls for it, but a final custody or visitation recommendation is only supposed to be made for a party the evaluator has actually evaluated.
Frequently Asked Questions
Who pays for a custody evaluation?
Usually the parents, often split between them, though the court can allocate the cost differently. A full private evaluation can run several thousand dollars.
Is the evaluator's report public?
No. The report is confidential and must not become part of the public court file. Improperly disclosing it can result in sanctions.
Does the judge have to follow the recommendation?
No. The judge weighs the report as one factor and can depart from it, but the recommendation carries significant influence in most cases.
Can I challenge an evaluation I disagree with?
Yes. You can cross examine the evaluator at trial and hire your own expert to review the report and offer a competing opinion.
Go Into Your Evaluation Prepared
A custody evaluation can define your case, so preparation and credibility are everything. The Geller Firm helps parents across the Bay Area prepare for evaluations, work effectively with the evaluator, and respond when a report needs to be challenged. You will work directly with Attorney Michael Geller. Call (415) 840 0570 or visit gellerfirm.com to get ready the right way.