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Home » Areas of Practice » Child Custody » Child Custody Evaluation

Child Custody Evaluation

Posted on February 25, 2017December 19, 2020 by Editor

In California, the Family Law Court Judges can order a Child Custody Evaluation, also called a “730 Evaluation,” to look into the mental health and parenting practices of either one or both of the parents.  Alternately, the parties involved in a custody action can agree to a 730 Evaluation.

The Law Offices of Edward Misleh, APC is a law firm that practices California family law and California child custody and California guardianship.  We represent clients in Northern California with services they need and deserve when addressing California child custody and guardianship of a minor child.  Call now our Lawyer Hotline.      Call now 321-951-9164.

Child Custody Evaluation

In California, a child custody evaluation is undertaken when the court is trying to determine what steps to take in the best interests of the child.

The “730 Evaluation”

When the best interest of the child is in question, it is likely that a California Judge would request a 730 Evaluation.  Custody and visitation orders are often based on the findings of these evaluations, which could be ordered for a number of reasons, including:

  • Concerns about child abuse.
  • Substance abuse by a parent.
  • Parent’s mental health issues.
  • One parent wishes to move out of state and the other parent objects.
  • Questionable parenting practices that could have a negative impact on a child.
  • The parents are unable to agree on the custodial arrangement.
  • There are questions about the child’s upbringing.

Child Custody Evaluators

In California, a custody evaluation can be conducted by any of the following qualified mental health professionals:

  • Psychiatrist
  • Psychologist
  • Qualified social workers
  • Licensed Marriage and Family Therapists

Who Chooses the Evaluator?

In California, either the Family Court Judge selects an evaluator or the Judge can ask that each party submit a list of evaluators, from which the Judge will then choose from.  Alternately, the parties can agree on an evaluator and choose one without input from a Judge.

Child Custody Evaluator Requirements

All evaluators must file a declaration stating that they have custody-related training, including training in psychological and developmental needs of children and parent-child relationships, and that they have at least five years of postgraduate experience diagnosing emotional and mental disorders.

The Evaluator

The evaluator will compile a report which will be released to all parties involved, including the court.  If both parties accept the report, then it is submitted into evidence.  If there are disagreements, then either party can rebut the findings.  Evaluators do not make orders.  They make recommendations and the family court has the option to adopt the recommendations, in whole or in part, or reject them.

Challenging the Custody Evaluations

The evaluator’s report can be submitted to the court by agreement.  This saves both parties money since evaluators charge thousands of dollars to testify.  If the expense is avoided and there is an agreement to let the report into evidence, it means that a California Family Law Judge will see the report and can rely on it without the evaluator being questioned.  This can lead to problems if the evaluator’s report is not favorable to your client.

To challenge the findings of a child custody evaluation, you will need to have the evaluation reviewed by another mental health professional who will have to testify in court about the points at issue.

California Judge Ruling

While the evaluator does offer input and insight into your child custody case, it is ultimately the Judge that makes the decision.  The Judge will look to ensure that the evaluation was executed fairly and whether it passes an evidentiary threshold.  The evaluation is only one thing that the Judge considers to determine what is in the best interest of the child.

CALL NOW TO MAKE AN APPOINTMENT

321-951-9164

For more information on child custody, click on one of the following links:

Child Custody Evaluation – California Attorney – Lawyer Consultation

California Child Custody – California Attorney – Lawyer Consultation

Divorce – California Attorney – Lawyer Consultation

California Divorce Attorney

Family Law – California Attorney – Lawyer Consultation

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