Everything You Want to Know About a 730 Evaluation

This guide demystifies the 730 evaluation process in family court. Our guide covers the following topics:

1. What is a 730 evaluation?
2. Applications beyond child custody
3. 730 evaluations in divorce and legal separation cases
4. 730 evaluations in parentage cases
5. Child custody 730 evaluations
6. Scope of a child custody 730 evaluation
7. Ethical duties of a 730 evaluator
8. How legal and physical custody factor into a 730 evaluation
9. How domestic violence factors into a 730 evaluation
10. How sexual abuse factors into a 730 evaluation
11. How substance abuse and addiction factor into a 730 evaluation
12. The role of a forensic accountant in a 730 evaluation
13. Next steps for your 730 evaluation

This guide is for informational purposes only and does not constitute legal advice. Consult us for advice tailored to your situation. Our firm represents clients in Southern California, with offices in Orange County, Los Angeles, and San Diego.

What is a 730 Evaluation?

A 730 evaluation is a court-ordered expert assessment intended to provide the court with an objective opinion and recommendation. The evaluator is appointed by the court, not hired by either party, with the goal being an unbiased evaluation.

Evidence Code 730 states that the court may appoint one or more experts to investigate and testify on matters requiring expert evidence. The court also determines the compensation for these services, ensuring that the evaluator meets the necessary qualifications and holds the appropriate licenses.

Applications Beyond Child Custody

The scope of a 730 evaluation extends beyond child custody cases. It applies to any matter where the court deems expert testimony necessary. In divorce or legal separation cases, a 730 evaluation might be ordered for various complex issues, such as forensic accounting or property or business disputes.

The court can order a 730 evaluation at any case stage, including during the trial. This flexibility allows the court to obtain expert opinions when needed, ensuring that the case is resolved fairly.

730 Evaluations in Divorce and Legal Separation Cases

A 730 evaluation is often used to address complex issues in a divorce or legal separation. These can include:

• Child Custody Evaluations: Assessing the psychological and emotional well-being of the children involved.
• Forensic Accounting: Determining the parties' financial status, including income and assets.
• Appraisals: Evaluating the value of property and other assets.

The evaluation is typically ordered when the judge believes expert insight is necessary to make a fair decision.

730 Evaluations in Parentage Cases

Parentage cases involving unmarried parents are generally limited to child custody, child support, and attorney's fees. A 730 evaluation in these cases might involve a psychological assessment related to custody or a forensic accountant's income and cash flow analysis.

Child Custody 730 Evaluations

Child custody is one of the most common contexts for a 730 evaluation. The evaluation is governed by specific California Family Code sections and Rules of Court. These rules are supposed to ensure the evaluation is conducted professionally, focusing on the child's best interests.

A 730 evaluator, often a licensed psychologist, psychiatrist, or marriage and family therapist, is appointed to assess the child's well-being. They must follow strict guidelines to ensure the evaluation is thorough and unbiased.

Scope of a Child Custody 730 Evaluation

The scope of a 730 evaluation in child custody cases includes:

1. Data Collection: Gathering relevant documents, observing parent-child interactions, and interviewing the parties involved.
2. Analysis: Using multiple sources to substantiate conclusions regarding the child's needs, attachment to each parent, and reactions to family dynamics.
3. Recommendations: Providing detailed, clear recommendations that prioritize the child's health, safety, welfare, and best interests.

The evaluator's role is to present an unbiased, well-informed opinion that assists the court in making decisions that benefit the child.

Ethical Duties of a 730 Evaluator

The ethical responsibilities of a 730 evaluator are outlined in California Rules of Court. Key duties include:

1. Maintaining Objectivity: Ensuring balanced information is gathered, and bias is controlled.
2. Protecting Confidentiality: Keeping the parties' information private and only disclosing it as the law requires.
3. Avoiding Conflicts of Interest: The evaluator must disclose potential conflicts and not accept appointments unless properly authorized.

Ethical violations by the evaluator can compromise the integrity of the evaluation, leading to biased recommendations. In such cases, the evaluation process can be challenged, invalidating the evaluator's opinions.

How Legal and Physical Custody Factor into a 730 Evaluation

Legal custody, which involves decision-making regarding a child's health, safety, education, and welfare, is often a central issue in a 730 evaluation. Legal custody can be joint or sole, and sometimes parents share joint legal custody on certain issues while one parent holds sole custody on others.

Physical custody is where the child lives, but it is often confused with parenting time (visitation). While they are related, physical custody is more about the living arrangements, whereas parenting time specifies the schedule.

For a deeper understanding of legal and physical custody, refer to our comprehensive California child custody laws guide.

A 730 evaluation assesses whether parents should share joint legal or physical custody and the appropriate parenting time.

How Domestic Violence Factors into a 730 Evaluation

Domestic violence is a critical consideration in a 730 evaluation. Family Code 3113 mandates that where there has been a history of domestic violence or a protective order is in effect, the parties must meet with the court-appointed investigator separately and at different times.

False allegations of domestic violence are, unfortunately, common. However, child custody evaluators tend to take these allegations seriously. If domestic violence is alleged, the evaluator will likely follow the guidelines outlined in Family Code 3113. For more on this topic, read our article on the connection between domestic violence and child custody.

How Sexual Abuse Factors into a 730 Evaluation

Allegations of sexual abuse in a 730 evaluation are addressed under Family Code 3118. This code requires a thorough investigation if there are serious allegations of child sexual abuse.

Key Steps a 730 Evaluator Must Take:

• Consult with child welfare services and law enforcement about the allegations.
• Review the child welfare services agency file, summarizing relevant information without photocopying documents.
• Obtain criminal background checks from law enforcement for both parents and any alleged perpetrators.
• Review or request a multidisciplinary child interview team (MDIT) interview.
• Request a forensic medical examination of the child if necessary.
• File a confidential written report with the court, serving it to all parties at least 10 days before the hearing.

These steps are supposed to ensure a comprehensive and fair evaluation under Family Code 3118.

How Substance Abuse and Addiction Factor into a 730 Evaluation

A 730 evaluation may also assess issues related to alcohol abuse and drug addiction.

There may be multiple evaluators in such cases—one focusing on addiction and another on making a child custody recommendation.

The Role of a Forensic Accountant in a 730 Evaluation

A forensic accountant might be appointed as a 730 evaluator to assess financial matters. This can include analyzing income and cash flow, especially in cases involving a self-employed spouse, and valuing businesses. Tracing assets to determine whether they are community or separate property is another common task.

Next Steps For Your 730 Evaluation

The 730 evaluation process involves several critical steps and considerations, especially in cases involving complex issues like custody, domestic violence, sexual abuse, substance abuse, or financial disputes. Understanding how these factors affect the evaluation can help you better navigate your case.

Our family law firm, with offices in Orange County, Los Angeles, and San Diego, offers an affordable initial strategy session to help guide you through this process.

External Resources

• National Institute of Mental Health (NIMH) - Child and Adolescent Mental Health
• Substance Abuse and Mental Health Services Administration (SAMHSA) - Behavioral Health Treatments and Services
• Child Welfare Information Gateway - Understanding Child Abuse and Neglect
• American Psychological Association (APA) - Guidelines for Child Custody Evaluations in Family Law Proceedings