Understanding the FL-327 Form to Appoint a Child Custody Evaluator
FL-327 Form to Appoint a Custody Evaluator
When navigating a child custody dispute in California, you may encounter the FL-327 form, officially titled "Order Appointing Child Custody Evaluator." This court document plays an important role in cases where a professional evaluation of a family situation is needed to determine the children's best interests.
What is the FL-327 Form?
The FL-327 form is a required Judicial Council form used by California courts to formally appoint a child custody evaluator in family law cases. This legal document shows who will conduct the evaluation, what type of evaluation will be performed, payment to the evaluator, and other essential details about the process.
When is a Child Custody Evaluator Appointed?
Courts typically order custody evaluations when:
- Parents cannot agree on custody arrangements
- There are concerns about a child's safety or well-being
- Complex family dynamics require professional assessment
- Specific issues need investigation (such as allegations of abuse, false allegations, substance use, or mental health concerns)
- The court needs more information to decide the best interests of the child
Types of Evaluations Covered by the FL-327
The form specifies whether the court is ordering:
- Full evaluation - A comprehensive assessment of all custody and visitation issues
- Partial evaluation - An assessment focused on specific issues identified by the court
Who Can Be Appointed as an Evaluator?
The FL-327 form designates one of the following to conduct the evaluation:
- A local court-connected child custody evaluation service
- A private child custody evaluator
- Family court services
- Another qualified professional specified by the court
Legal Authority for the Evaluation
The form indicates the specific authority under which the evaluation is ordered:
- Family Code section 3111 (standard custody evaluations)
- Family Code section 3118 (evaluations involving allegations of child sexual abuse)
- Evidence Code section 730 (appointment of expert witnesses)
- Code of Civil Procedure provisions related to mental examinations
Most people call the above evaluations (even though there are different code sections involved) 730 Evaluations. That is a misnomer. Evidence Code 730 is only part of the law that allows a family court to appoint a custody evaluator.
Key Components of the FL-327 Form
Purpose and Scope
The form outlines the issues the evaluator should address and the boundaries of their investigation. This section clarifies what the court wants to learn from the evaluation.
Fee Determination and Payment Arrangements
The form addresses:
- How much will the evaluator be paid
- How costs will be divided between the parties
- Payment schedule (often in installments)
- The court's ability to reallocate costs later if necessary
Notice to Evaluator
The evaluator must file a declaration regarding their qualifications within 10 court days of receiving the appointment order.
Special Provisions for Section 3118 Evaluations
Cases involving allegations of child sexual abuse require more orders and specialized evaluation procedures.
Confidentiality Requirements
For evaluations under Family Code section 3111, a notice regarding the confidentiality of the report must be attached to the evaluation.
Instructions for Initial Contact
The form specifies whether the evaluator will contact the parties or whether the parties must initiate contact with the evaluator.
What to Expect During a Child Custody Evaluation
Once the FL-327 has been issued, the evaluation process typically includes:
- Initial interviews with parents/guardians and children
- Home visits to observe family interactions
- Review of relevant records (medical, school, legal)
- Collateral contacts with teachers, healthcare providers, or other significant people
- Psychological testing in some cases
- Preparation of a report with findings and recommendations
How the Evaluation Affects Your Case
The evaluator's report can significantly influence custody decisions. The report typically includes:
- Observations about each parent's relationship with the children
- Assessment of parenting capabilities
- Concerns identified during the evaluation
- Recommendations for custody and visitation arrangements
Tips for Parents Undergoing a Custody Evaluation
- Be cooperative and respectful with the evaluator
- Prepare financial arrangements promptly to avoid delays
- Gather relevant documentation about your children's needs and your parenting
- Focus on the children's best interests rather than conflicts with the other parent
- Be honest about challenges and strengths in your parenting
- Avoid coaching children about what to say
- Continue following existing court orders during the evaluation process
Conclusion
The FL-327 form is more than just paperwork—it initiates a structured, professional assessment that can provide valuable insights to help courts make informed decisions about your children's future. Understanding this form and the evaluation process it sets in motion can help you navigate this challenging part of family law proceedings with greater confidence.