Many times, when the best interest of the child is in question, a California family court judge will order a 730 evaluation, which looks into the mental health and parenting practices of one or both of the parents.
The custody evaluation process is nerve-wracking for any parent. Its function is to assist the court and the parties to reach an appropriate resolution regarding the physical care, custody, and the visitation schedule for your child. Be prepared:
- Listen to your lawyer’s advice
- Be prepared and arrive early or on time
- Be aware of the evaluator’s role
- Be honest – never lie to the evaluator
- Make a good impression – both you and your home
- Have a positive attitude
- Don’t mix marital concerns with parenting concerns
- Cooperate
Once the evaluation is complete, custody and visitation orders are often based on the findings of these evaluations, which could be ordered for a number of reasons, including:
- Possibility of child abuse
- Substance abuse
- Mental health problems
- A parent wants to move out of state – the other parent objects
- Parents are unable to agree on the custodial arrangement
- Questions regarding the child’s upbringing
Who conducts these evaluations? A custody evaluation can be conducted by a qualified mental health professional, such as a psychiatrist, psychologist, qualified social worker, or a marriage and family therapist.
In California, either the judge selects an evaluator of asks the parents to submit a list of evaluators, which the judge will then choose from.
A psychological test can reveal personality and family dynamics, as well as reveal potential mental health and parenting problems. The evaluator will put his or her recommendations into a formal report to the court.
All evaluators must meet certain criteria according to California Family Code 3110 by filing a Declaration. In addition, Code of Civil Procedure Section 2031 states that, “All evaluators must have at least five years of postgraduate experience diagnosing emotional and mental disorders”.
If you disagree with the findings of your custody evaluation, another mental health professional can be asked to review the evaluation and testify in court about the report’s issues.
If you have questions or concerns regarding a custody evaluation, contact the Orange County family law offices of Amy M. Montes. We will help you effectively understand and prepare for the child custody evaluation meeting.
