What Is a 730 Custody Evaluation in California?
The Short Answer
A 730 custody evaluation is an investigation of a family by a court-appointed mental health professional, usually a psychologist, who interviews the parents and children, reviews records, sometimes administers psychological testing, and then writes a confidential report recommending a custody and parenting plan to the judge. The name comes from Evidence Code section 730, which lets a court appoint an expert to investigate and report on any issue in a case. In family court, the evaluation itself is governed by Family Code section 3111 and Rule 5.220 of the California Rules of Court. Judges in Riverside, San Bernardino, Los Angeles, and Orange County order these evaluations in the small percentage of custody cases where the disputed facts are serious enough that the court wants an expert's eyes on the family before ruling.
The report is not binding, but in practice judges give it substantial weight. Understanding how the evaluation works, what the evaluator is actually assessing, and how to conduct yourself during it can change the outcome of your custody case.
When Does a Judge Order a Custody Evaluation?
Most custody disputes are resolved through mediation under Family Code section 3170 and a hearing on a Request for Order on FL-300 without any evaluation. A judge orders an evaluation when the court needs information it cannot get from declarations and a short hearing. Family Code section 3111 allows the court to appoint an evaluator whenever it determines that the best interest of the child requires it, and Family Code section 3118 requires a specific, more detailed evaluation protocol when there is a serious allegation of child sexual abuse.
Common triggers include allegations of substance abuse or untreated mental illness, allegations of domestic violence where the court needs to assess the effect on the children under Family Code section 3011, allegations of parental alienation or a child who refuses contact with one parent, a proposed move-away, a parent seeking to change a long-standing custody arrangement, and cases where each parent accuses the other of serious misconduct and the evidence is entirely one person's word against the other's. Either parent can request an evaluation on an FL-300, or the judge can order one on the court's own motion. In the Inland Empire, evaluations are ordered at the Riverside Family Law Courthouse, the San Bernardino Justice Center, and the Rancho Cucamonga and Victorville family law departments, and the same procedure applies at the Stanley Mosk Courthouse in Los Angeles and the Lamoreaux Justice Center in Orange.
What Is the Difference Between a Full Evaluation and a Partial or Focused Evaluation?
Rule 5.220 of the California Rules of Court allows the court to order either a full evaluation or a partial evaluation limited to specific issues. A full evaluation covers everything relevant to custody and visitation, including each parent's parenting capacity, the children's needs, the relationship between the children and each parent, and any risk factors. A partial or focused evaluation is limited to a defined question, such as whether a parent's alcohol use affects parenting, whether a child's refusal to visit is being driven by the other parent, or what reunification steps are appropriate.
The appointment order matters. The court identifies the scope on FL-327, the Order Appointing Child Custody Evaluator, and the evaluator is supposed to stay within it. If the order asks the evaluator to assess a single issue and the report ranges into unrelated territory, that is a basis to object. If you believe the issues in your case are narrow, ask the court for a focused evaluation, which is faster and less expensive.
Who Are Custody Evaluators and What Qualifies Them?
Family Code section 3110.5 requires evaluators to meet education, experience, and training requirements, and Rules 5.220 and 5.225 of the California Rules of Court spell them out, including specific training in domestic violence under Family Code section 3111 and Rule 5.230. Private evaluators file a declaration of their qualifications on FL-325, and court-connected evaluators file FL-326. Evaluators are usually licensed psychologists, but licensed marriage and family therapists, clinical social workers, and psychiatrists can also qualify.
Qualifications are not a formality. In Leslie O. v. Superior Court (2014) 231 Cal.App.4th 1191, the Court of Appeal held that a custody evaluation performed by someone who did not meet the statutory qualifications should not have been relied on. Before agreeing to an evaluator, confirm that the FL-325 or FL-326 is on file and that the evaluator's training is current. Most Southern California counties keep a list of approved private evaluators, and the parties frequently agree on one from that list rather than leaving the choice to the court.
What Does the Evaluator Actually Do?
The evaluation typically starts with separate interviews of each parent, often more than one session. The evaluator asks about the history of the relationship, the history of caretaking, each parent's concerns about the other, work schedules, housing, extended family, and the parent's proposed parenting plan. The evaluator then interviews the children, usually at the office and sometimes at each parent's home, and observes each parent interacting with the children. The evaluator may also interview collateral witnesses such as teachers, therapists, pediatricians, relatives, and new partners, and will ask both parents for records including school records, medical records, police reports, text messages, and prior court orders.
Many full evaluations include psychological testing of the parents. Testing is meant to provide objective information about personality functioning and is one input among many. Rule 5.220 of the California Rules of Court requires the evaluator to use methods that are appropriate to the questions raised, to maintain balance and objectivity, and to consider the same factors the court must consider under Family Code section 3011 and Family Code section 3020, including the health, safety, and welfare of the child, any history of abuse, and the nature and amount of contact with both parents. The evaluator must also address the child's preference in an age-appropriate way, consistent with Family Code section 3042.
How Long Does a 730 Evaluation Take and How Much Does It Cost?
Timing varies with the evaluator's caseload and the scope of the order. A focused evaluation can be completed in a couple of months. A full evaluation with testing and collateral interviews often takes four to six months, and complex cases take longer. The court usually sets a review hearing or a trial date far enough out to allow the report to be completed, and Family Code section 3111 requires the report to be filed with the court and served on the parties at least 10 days before any hearing where it will be considered.
Cost depends on whether the evaluator is court-connected or private. Court-connected evaluations through family court services are less expensive but limited in availability. Private evaluators charge a retainer and bill hourly, and full evaluations in Southern California are commonly a five-figure expense. Family Code section 3112 allows the court to order the cost paid by the parties in any proportion the court finds reasonable, and Family Code section 3111 permits the court to order the fee paid in advance. If one parent cannot afford a share, the court can allocate the cost unevenly or, in some counties, refer the family to a lower-cost court-connected program. Do not treat the cost as fixed. If the order does not address allocation, raise it at the hearing when the evaluation is ordered.
Is the Custody Evaluation Report Confidential?
Yes. Family Code section 3111 makes the report confidential, and Family Code section 3025.5 limits who may see it to the parties, their attorneys, minor's counsel, and the court, along with any expert retained to review it. The report is filed under seal and is not part of the public court file. Family Code section 3111 also authorizes the court to impose a monetary sanction on anyone who makes an unwarranted disclosure of the report. That means you cannot post excerpts online, share it with relatives or new partners, or give it to the children's school.
Parents sometimes ask whether the evaluator will tell the children what each parent said. Evaluators are trained not to, and the interviews with children are structured to avoid putting the child in the middle. Do not coach your children before the interview, do not ask them what they said afterward, and do not tell them what to say. Evaluators are experienced at detecting rehearsed statements, and coaching is one of the most damaging findings a report can contain.
How Is the Report Used at the Hearing or Trial?
The report is admissible at the custody hearing, and the evaluator can be called to testify and cross-examined. Under Family Code section 217, the parties have a right to present live testimony, which includes the right to question the evaluator. The judge is not required to follow the recommendation. The court makes its own findings under the best interest standard in Family Code section 3011 and Family Code section 3040, and the California Supreme Court in In re Marriage of Burgess (1996) 13 Cal.4th 25 and Montenegro v. Diaz (2001) 26 Cal.4th 249 confirmed that custody decisions rest on the court's evaluation of the child's best interest, not on any single input.
In practice, most judges follow a well-reasoned report unless a party shows a real flaw in the process or the conclusions. Reports have been successfully challenged where the evaluator did not follow the protocol in Rule 5.220 of the California Rules of Court, relied on information from one side without giving the other a chance to respond, exceeded the scope of the appointment order, or reached conclusions not supported by the data collected. In In re Marriage of Adams & Jack A. (2012) 209 Cal.App.4th 1543, the Court of Appeal addressed a challenge to an evaluator's compliance with the rules, and the case is a useful roadmap for what a proper objection looks like. A parent who disagrees with the report should consider retaining a second expert to review the evaluator's file and methodology, which Family Code section 3025.5 allows, rather than simply testifying that the evaluator got it wrong.
How Do You Prepare for a Custody Evaluation?
Be honest and consistent. The evaluator will compare what you say with what the other parent says, what the children say, what the records show, and what you said in your court declarations. Contradictions damage credibility more than any admitted shortcoming. If you have a history of substance use, a prior arrest, or a mental health diagnosis, disclose it and explain what you have done about it. Evaluators expect imperfection and reward insight and accountability.
Focus on the children rather than on the other parent. Parents who spend the interview cataloguing the other parent's faults often come across as more invested in the conflict than in the children. Describe your children's routines, their schools, their medical providers, their friends, and what each of them needs. Be prepared to say something positive about the other parent's relationship with the children, because the evaluator is assessing which parent is more likely to support the child's relationship with the other, a factor listed in Family Code section 3040 and Family Code section 3020.
Organize your documents before the first interview. Bring a short chronology, the current custody orders, school and medical records, and a limited set of communications that illustrate the specific concerns in the appointment order. Do not bring hundreds of pages of text messages. The evaluator will not read them all, and an unsorted stack signals that you cannot separate what matters from what does not. Keep communications with the other parent civil during the evaluation period, because those messages will be reviewed. Follow the existing orders exactly. Withholding the children during an evaluation, even for a plausible reason, is a serious problem in the report.
Can You Refuse a Custody Evaluation or Choose Your Own Evaluator?
If the court orders an evaluation, refusing to participate is not an option. The evaluator will note the refusal, and the judge will draw inferences from it. Parents can, however, influence the process at the front end. The parties can stipulate to a particular evaluator, agree on the scope, and agree on cost allocation. If the other parent requests an evaluation you believe is unnecessary, you can oppose it in a responsive declaration on FL-320 by explaining why the issues can be decided on the existing evidence or through mediation under Family Code section 3170.
You may also ask the court to appoint minor's counsel under Family Code section 3150 instead of, or in addition to, an evaluator. Minor's counsel represents the child's interests and can present information to the court without the cost and duration of a full evaluation. In some cases, a parenting plan coordinator or a therapeutic intervention is a better fit than an evaluation. An attorney who handles custody cases in your county can tell you which option the local judges tend to favor.
Get Help With a Custody Evaluation in Southern California
If a custody evaluation has been ordered or requested in your case, Gramling Law Group can help you prepare, respond to the request, address the scope and cost of the appointment, and present or challenge the report at the hearing. We offer flat-fee and limited-scope options and serve the Inland Empire, Los Angeles County, Orange County, and all of Southern California. Call (909) 654-4575 or contact us through this website for a consultation.
This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
Frequently Asked Questions
What is a 730 evaluation in a California custody case?
It is a court-ordered investigation by an appointed mental health professional, authorized by Evidence Code section 730 and governed by Family Code section 3111 and Rule 5.220 of the California Rules of Court, in which the evaluator interviews the parents and children, reviews records, and writes a confidential report recommending a custody and visitation plan to the judge.
How much does a 730 custody evaluation cost in California?
Private full evaluations in Southern California are commonly a five-figure expense, while focused evaluations and court-connected evaluations cost less. Family Code section 3112 lets the court divide the cost between the parents in any proportion the court finds reasonable, so ask the court to address allocation when the evaluation is ordered.
Do judges always follow the custody evaluator's recommendation?
No. The judge decides custody under the best interest standard in Family Code section 3011 and Family Code section 3040, and the report is one piece of evidence. Judges usually follow a well-supported report, but the recommendation can be challenged by cross-examining the evaluator under Family Code section 217, showing a failure to follow Rule 5.220 of the California Rules of Court, or presenting a second expert's review.
Will my child have to testify or be interviewed?
The evaluator will interview the children in an age-appropriate way, and Family Code section 3042 requires the court to consider a child's preference when the child is of sufficient age and capacity to reason. The evaluation is designed so that children can share their views with a trained professional rather than testify in open court, and parents should not coach or question children about the interview.
Can I see the custody evaluation report?
Yes. The parties, their attorneys, minor's counsel, and the court receive the report under Family Code section 3025.5, and it must be served at least 10 days before the hearing under Family Code section 3111. The report is confidential and filed under seal, and disclosing it to anyone else can result in a sanction.
How long does a custody evaluation take?
A focused evaluation can be completed in about two months, while a full evaluation with psychological testing and collateral interviews often takes four to six months or longer depending on the evaluator's caseload. The court typically sets the hearing or trial date to accommodate the evaluation timeline.
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