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Kathy Minella

In Family Law Blog

The Perils of Social Media: How Your Online Activity Can Impact Your San Diego Family Law Case

social

In this digital age, social media is second nature. We share vacation highlights, celebrate life milestones, post memes, and stay connected to loved ones. But when you’re involved in a family law matter in San Diego—such as a divorce, custody dispute, or Domestic Violence Restraining Order (DVRO) hearing—your online activity can become a central issue. What you post, like, comment on, or even delete can have legal consequences, many of which people never anticipate.

Understanding how social media can be used for or against you is essential to protecting your rights and outcomes in family court. Below, we explore how platforms like Instagram, Facebook, TikTok, and even LinkedIn can impact your family law case—along with real-world examples, practical guidance, and tips for managing your digital presence wisely.

The Role of Social Media in Family Law Cases

Courts in San Diego and throughout California regularly admit social media content into evidence during family law proceedings. While it may feel like a private, personal space, your digital footprint is anything but. Judges, opposing attorneys, and even court-appointed professionals (like custody evaluators) may review your online activity to assess credibility, parenting capacity, financial transparency, and more.

Example: In a divorce case we handled, the husband had claimed limited income in an attempt to reduce spousal support obligations. However, he posted multiple photos on Facebook showing purchases of expensive watches, luxury hotel stays, and front-row concert tickets—all while claiming to be in financial distress. The judge found this to be evidence of income misrepresentation and imputed income accordingly.

Divorce and Digital Evidence

In a divorce, social media can affect nearly every element of the case—especially when it comes to finances and credibility. Even lighthearted or seemingly innocent posts can be taken out of context or used to contradict testimony or disclosures.

Example: One San Diego client posted a TikTok video joking about hiding assets in crypto, tagging it as “#divorcedontfindme.” While the video may have been intended as satire, it prompted opposing counsel to request discovery into hidden accounts—which uncovered a Coinbase wallet with $50,000 that was not listed on financial disclosures. That discovery significantly shifted the final settlement.

In another case, a party attempted to claim that their business had folded and they were unemployed. Yet, their LinkedIn profile boasted about ongoing consulting gigs and partnerships. Screenshots became key evidence in disproving their income claims.

Child Custody and Co-Parenting

When custody and visitation are at stake, social media posts can influence how the court evaluates each parent’s ability to provide a safe, stable, and supportive environment. The court will also assess whether a parent is committed to fostering a positive co-parenting relationship.

Example: A mother in San Diego lost joint legal custody after the father presented posts from her Instagram stories showing her attending multiple late-night parties while the child was reportedly in her care. One video even showed the child unsupervised near a swimming pool. Despite claims that the child was safe, the judge issued a temporary modification reducing her parenting time.

Example: In a separate case, a father posted derogatory memes about his ex-spouse and shared text screenshots of their custody disputes on Reddit. His behavior was presented as evidence of poor co-parenting judgment. The court emphasized that airing disputes online showed a lack of discretion and contributed to a hostile environment for the child.

Domestic Violence and Harassment Claims

In DVRO matters, social media can both support and undermine a case. Threatening messages, unwanted contact, and digital stalking are now routinely introduced as evidence in San Diego family courts.

Example: A DVRO was granted after a woman provided screenshots showing repeated messages from her ex on multiple platforms—even after being blocked. He created burner accounts on Instagram and Twitter to continue sending cryptic and aggressive posts, which were geotagged near her home. The judge found this to be a pattern of harassment and issued a five-year restraining order.

Example: Conversely, a man seeking protection under a DVRO had his request denied when opposing counsel showed he had been liking and commenting on the other party’s public posts after the alleged incidents. The court determined that his behavior undermined his claim of fearing contact

Best Practices for Managing Social Media During a Case

It’s not always realistic to disappear from social media entirely—but if you’re involved in a family law case, you need to approach your digital footprint with caution and intention.

Here are a few best practices to protect yourself:

  • Think before you post: Ask yourself if your post could be misinterpreted or used against you. If there’s even a small chance it could be twisted, don’t post it.
  • Avoid passive aggression or venting: Don’t use your accounts to indirectly message your ex or co-parent. Even memes or sarcastic comments can come back to haunt you.
  • Check your tagged content: Ask friends not to tag you in posts that may reflect poorly. In one case, a parent lost weekend visits after being tagged in a party photo during their custodial time.
  • Secure your accounts: Tighten your privacy settings, review your followers, and consider setting your profiles to private. But remember: nothing online is ever truly private.
  • Pause and archive: If needed, consider pausing your accounts or archiving sensitive posts until the case is resolved.

When to Involve Your Attorney

Always consult your attorney before making decisions about what to post—or delete. Deleting content during active litigation may be considered destruction of evidence and can harm your credibility.

If you’re concerned about something you posted in the past or something your ex is sharing online, bring it to your attorney’s attention. They can evaluate whether it’s relevant and how best to address it, either through protective orders, evidentiary objections, or requests for discovery.

Example: In a San Diego custody dispute, one parent wanted to subpoena Snapchat messages the other had sent their teenager. Our legal team advised on what platforms could be compelled to provide data and prepared a motion to compel production of digital records—resulting in communications that supported our client’s request for supervised visitation.

Conclusion: Think Twice, Post Once

In the world of family law, perception can carry as much weight as fact. Social media gives the world a curated window into your life, but in a legal dispute, that window can become evidence. Every post, like, and DM has the potential to shape the outcome of your case.

At Minella Law Group, we guide clients through these complex dynamics every day. We help you protect not only your legal rights but also your reputation, your children, and your future. If you’re navigating a divorce, custody, or DVRO matter in San Diego, contact our team for thoughtful, strategic representation.

📞 Call Minella Law Group today at 619-289-7948 to schedule a confidential consultation with one of our family law specialists. We’ll listen to your concerns, assess the situation, and create a clear strategy tailored to your goals.

📝 Prefer email? Fill out our online contact form and a member of our legal team will get in touch with you promptly.

In Divorce

Tax Traps and Opportunities in San Diego Divorce Settlements

tax

Dividing assets in a divorce is about more than just who gets what—it’s also about how they get it and what tax consequences follow. For high-net-worth individuals in San Diego, divorce settlements can trigger costly tax traps or unlock significant planning opportunities. Understanding the tax implications of property division, spousal support, retirement accounts, business assets, and more is essential for protecting long-term wealth.

At Minella Law Group, we routinely represent clients navigating complex financial dissolutions. This deep dive into the tax impact of divorce in California highlights what every sophisticated party should consider before signing a marital settlement agreement.

1. The Myth of “Tax-Free” Property Division

While IRC Section 1041 allows spouses to transfer property between themselves incident to divorce without immediate tax, this does not mean it’s always tax neutral. Key pitfalls include:

  • Basis Transfers: When you receive an asset (e.g., a house or stock portfolio), you also inherit your spouse’s original tax basis. This could lead to substantial capital gains when sold post-divorce.

  • Built-In Gain Assets: Transferring highly appreciated assets without considering tax basis may leave one spouse with a disproportionate tax burden later.

🛑 Example: Spouse A receives the family home with $1.5M in equity but a $500K basis. Spouse B gets $1.5M in cash. At first glance, it’s equal. But when Spouse A sells, they may owe capital gains taxes on $1M+, while Spouse B’s cash is tax-free.

2. Spousal Support: Shifting Tax Rules

Since 2019, spousal support (alimony) is no longer tax deductible for the payer or taxable to the recipient for federal tax purposes. However:

  • California law still treats spousal support as taxable income to the recipient and deductible for the payor for state tax purposes.

  • This discrepancy can lead to unexpected state tax bills or missed planning opportunities.

âś… Strategy Tip: Consider factoring this tax impact into the amount of spousal support agreed upon, especially for high-income earners in San Diego.

3. Retirement Accounts and QDROs

Splitting a 401(k), pension, or other qualified retirement plan requires a Qualified Domestic Relations Order (QDRO). Mistakes in this process can result in:

  • Early withdrawal penalties

  • Double taxation

  • Inability to access the funds

IRA accounts don’t require a QDRO, but transfers must be structured properly under IRC §408(d)(6) to avoid taxes.

💡 Opportunity: For some divorcing clients, retirement accounts can be leveraged strategically—e.g., shifting pre-tax dollars to one spouse in exchange for after-tax assets to balance future tax exposure.

4. The Family Residence: Exclusions, Equity, and Timing

Selling the family home may qualify for the capital gains exclusion of up to $250,000 per person ($500,000 if filing jointly)—but only if certain requirements are met:

  • Owned and used the home as a primary residence for two of the last five years

  • Sale occurs within 2 years of the divorce

If only one spouse meets the requirements post-divorce, the exclusion could be lost—resulting in a surprise tax bill.

🏡 San Diego-Specific Consideration: Given the region’s real estate appreciation, failing to plan for capital gains can result in six-figure tax consequences.

5. Business Interests: Passive vs. Active Ownership

For spouses dividing business ownership, understanding how the business income is treated for tax purposes is vital:

  • Will one spouse remain active in the business and owe self-employment taxes?

  • Does the receiving spouse become a passive owner without income guarantees?

  • Are buyouts structured to avoid being recharacterized as disguised support (which may have tax implications)?

Professional valuations and tax structuring are critical for businesses with significant goodwill, depreciation schedules, or S-Corp elections.

6. Child Support and Dependency Exemptions

Child support is not taxable or deductible at any level. But who claims the child as a dependent can affect tax refunds, credits, and deductions:

  • Head of household status

  • Child Tax Credit and Earned Income Credit

  • Dependent Care Credit

  • Educational credits (e.g., American Opportunity Credit)

đź“Ś Best Practice: Spell out in the settlement agreement who claims the child(ren) each year, and ensure IRS Form 8332 is used if needed.

7. Spousal Reimbursements and Hidden Tax Landmines

Under California Family Code §2640, a spouse may be entitled to reimbursement for separate property contributions to community property. But reimbursements can have tax implications, especially when:

  • Property sold to fund the reimbursement triggers capital gains

  • The payment is mischaracterized as support

  • Installment reimbursements carry imputed interest under IRS rules

8. Crypto, NFTs, and Emerging Digital Assets

High-net-worth divorces increasingly involve digital holdings. Crypto and NFTs carry unique tax risks:

  • Selling or transferring crypto may trigger capital gains tax

  • Many clients fail to maintain adequate cost basis records

  • NFTs may be considered collectibles, subject to higher capital gains rates (28%)

đź’» Pro Tip: Work with a divorce attorney who understands how to trace, value, and plan for taxation of digital assets.

9. Tax Filings During and After Divorce

  • During Divorce: Couples may still file jointly or separately depending on timing and strategy.

  • Post-Divorce: Filing status shifts to single or head of household. This affects deductions, brackets, and refund potential.

🧾 Consider a “tax indemnity clause” in the settlement agreement to protect against audit issues or past tax liabilities incurred during the marriage.

10. Hire the Right Team: Divorce and Tax Planning Go Hand-in-Hand

Tax-smart divorce planning in San Diego requires collaboration between:

  • Experienced family law attorneys

  • Forensic accountants

  • Tax professionals and CPAs

  • Business valuation experts

At Minella Law Group, we take a coordinated approach to ensure that the financial outcome of your divorce doesn’t unravel due to tax oversight.

Don’t Let the IRS Undermine Your Divorce Settlement

The financial decisions you make during divorce have long-lasting tax consequences. From real estate to retirement to alimony, every asset you divide could impact your financial future if not carefully structured.

At Minella Law Group, we don’t just settle cases—we protect legacies. If you’re navigating a high-net-worth divorce in San Diego, trust a legal team that understands how to shield you from tax pitfalls and secure every possible financial advantage.

📞 Call Minella Law Group today at 619-289-7948 to schedule a confidential consultation with one of our family law specialists. We’ll listen to your concerns, assess the situation, and make sure your divorce settlement is as tax-smart as it is fair.

📝 Prefer email? Fill out our online contact form and a member of our legal team will get in touch with you promptly.

In Child Custody & Visitation

Ethical Considerations When Co-Parenting Apps and Shared Digital Calendars Are Mandated by San Diego Courts

POA

In recent years, San Diego family courts have increasingly mandated the use of co-parenting apps and shared digital calendars in custody and visitation cases. These tools are designed to reduce conflict, streamline communication, and ensure both parents remain informed about their child’s schedule. However, while these technologies offer many benefits, they also raise important ethical concerns—particularly around privacy, manipulation, and good faith use.

If you’re navigating a custody arrangement in San Diego where a court-ordered co-parenting app is involved, here’s what you need to know about the ethical landscape, potential pitfalls, and best practices to maintain trust and compliance.

Why San Diego Courts Mandate Co-Parenting Apps

Family courts in San Diego increasingly require the use of co-parenting communication tools such as OurFamilyWizard, TalkingParents, or AppClose for parents who have a history of conflict, high-conflict litigation, or communication issues.

These apps provide:

  • A clear record of communications that can be used in court
  • Timestamped messaging
  • Shared calendars for parenting time, medical appointments, school events, etc.
  • Secure expense tracking

They aim to minimize miscommunication, reduce the need for court intervention, and keep the focus on the child’s best interests.

The Ethical Obligations of Parents Using These Tools

While co-parenting apps serve a practical function, their use also comes with implied ethical responsibilities, especially in high-conflict or litigated matters. Ethical considerations include:

1. Good Faith Communication

Court-mandated apps should not be used as weapons. Messages must be written in good faith, with the child’s best interest in mind. Passive-aggressive, inflammatory, or manipulative language violates the spirit of court orders and could backfire in court.

2. Avoiding Message Manipulation

Some parents attempt to use the app to build a litigation record rather than genuinely co-parent. Courts frown upon parents who bait, provoke, or selectively communicate with the intent to use messages as evidence.

3. Respecting Calendar Integrity

Shared digital calendars are essential for transparency. Altering events without notice, failing to update accurately, or hiding appointments can be construed as bad faith behavior or custodial interference.

4. Privacy Considerations

Even though apps are secure, the content may be subject to discovery in legal proceedings. Parents should avoid discussing personal grievances or adult issues within the app.

Common Ethical Missteps and Their Legal Consequences

Violating the ethical expectations of co-parenting apps can result in:

  • Negative findings in a custody evaluation
  • Use of the app’s record against you in court
  • Modification of custody orders
  • Potential contempt proceedings for willful non-compliance

Courts expect parents to treat these platforms as extensions of their court orders. Misuse can escalate conflict and harm the parent’s credibility.

Best Practices for Ethical Co-Parenting App Use

To stay compliant and child-focused, follow these best practices:

  • Be Professional: Write as if a judge is reading every message—because they might.
  • Stick to the Point: Communicate only about child-related issues unless otherwise permitted.
  • Document Changes Clearly: If custody or schedule modifications are needed, document them and confirm mutual agreement.
  • Avoid Venting: Emotional or accusatory statements undermine your credibility.
  • Stay Timely: Respond to communications and update calendars promptly.

When You Suspect the Other Parent Is Misusing the App

If you believe the other parent is abusing the co-parenting app:

  • Document the behavior
  • Avoid retaliation
  • Discuss concerns with your attorney
  • Consider filing a request for order to address ongoing misconduct

Your goal should always be to model appropriate co-parenting behavior. Judges take note of which parent acts in the child’s best interest—even under pressure.

How San Diego Family Law Attorneys Can Help

At Minella Law Group, we have represented hundreds of parents involved in court-mandated co-parenting technology disputes. We understand the legal and ethical dynamics that surround these tools and can:

  • Help you understand your obligations
  • Monitor and respond to unethical communications
  • Introduce or challenge co-parenting app evidence in court
  • Request sanctions or modifications when the other parent abuses the tool

Whether you’re just beginning your custody journey or are dealing with a high-conflict post-judgment case, our attorneys are equipped to help you succeed.

 

Co-Parenting Technology Should Be a Solution—Not a New Battlefield

Don’t let technology become another source of conflict. Co-parenting apps and shared digital calendars can be a powerful way to create stability for your child—but only when used ethically and as the court intends.

Let the experienced family law attorneys at Minella Law Group help you protect your parental rights and maintain integrity in every communication.

📞 Call Minella Law Group today at 619-289-7948 to schedule a confidential consultation with one of our family law specialists. We’ll listen to your concerns, assess the situation, and create a clear strategy tailored to your goals.

📝 Prefer email? Fill out our online contact form and a member of our legal team will get in touch with you promptly.

We’re here to help with ethical representation every step of the way.

In Divorce

International Divorce Involving a San Diego Resident: Cross-Border Complexities

drone view sd

Divorce is rarely simple. But when one or both spouses reside in different countries or hold assets abroad, the process of dissolving a marriage becomes significantly more complex. In international divorce cases involving a San Diego resident, unique legal, logistical, and emotional challenges arise that demand the attention of attorneys experienced in both California family law and international legal frameworks.

At Minella Law Group, we’ve guided high-net-worth individuals, military families, dual citizens, and globally mobile couples through cross-border divorce matters. This article will help you understand the intricacies of international divorce involving a San Diego resident, and why a strategic, legally grounded approach is essential to protecting your rights and interests.

Jurisdiction: Where Should the Divorce Be Filed?

One of the first and most critical questions in any international divorce is which country has jurisdiction to hear the case. In California, and specifically San Diego, jurisdiction to file for divorce is governed by residency requirements under California Family Code §2320:

  • At least one spouse must have been a resident of California for six months
  • That same spouse must have resided in the county (San Diego) for at least three months before filing

If both spouses live outside California, or if one resides in another country, jurisdiction may be contested. In such cases, courts will examine the connections each spouse has to California, including:

  • Primary residence or domicile
  • Location of children
  • Property ownership in California
  • Whether a prior case (custody, support, DVRO) has already been filed in San Diego

If competing divorce actions are filed in different countries, international law and treaties (such as the Hague Conference guidelines) may influence which court proceeds.

Service of Process: Notifying a Spouse in Another Country

Serving divorce papers internationally can be difficult, especially if the other spouse resides in a country with limited diplomatic ties or without a formal process-sharing agreement with the U.S.

San Diego family law attorneys must be familiar with:

  • The Hague Service Convention: A treaty governing how legal documents must be served across borders in participating countries.
  • Letters Rogatory: In non-Hague countries, this formal request for judicial assistance can be time-consuming and costly.

Improper service may result in:

  • Dismissal of your case
  • Delays in obtaining custody or support orders
  • Inability to enforce any judgment obtained in California

Correctly handling service of process is crucial to ensuring your case is heard and any resulting orders are enforceable.

Division of Property: California Community Property Meets Global Assets

California is a community property state, which means all assets acquired during the marriage are presumed to be jointly owned and subject to equal division. But what happens when:

  • Real estate is located in another country?
  • Foreign investments, pensions, or bank accounts are involved?
  • Offshore trusts or corporate holdings exist?

An international divorce involving a San Diego resident often requires:

  • Forensic accounting to identify and value global holdings
  • Foreign real estate appraisals
  • Expert testimony on enforceability of California court orders abroad

While California courts have the authority to divide worldwide marital property in theory, enforcing those orders in practice may require international legal cooperation or separate litigation in the foreign jurisdiction.

Custody and Parenting Time: International Child Custody Disputes

Perhaps the most emotionally charged component of international divorce is custody and visitation. When one parent resides abroad, key concerns include:

  • Establishing San Diego as the child’s habitual residence under the Hague Convention on the Civil Aspects of International Child Abduction
  • Securing enforceable custody orders that comply with both U.S. and foreign law
  • Preventing international child abduction or wrongful retention

California courts favor frequent and continuing contact with both parents, but this can be difficult when:

  • Travel costs and logistics are prohibitive
  • The foreign country lacks a custody enforcement treaty with the U.S.
  • Cultural, legal, or safety differences affect the feasibility of visitation

We help clients draft comprehensive parenting plans that address:

  • International travel
  • Exchange protocols
  • Virtual visitation
  • Passport controls
  • Emergency return mechanisms

Spousal and Child Support: Cross-Border Enforcement

California support orders (both child and spousal) are valid internationally only if the foreign country recognizes and enforces them. The U.S. has reciprocal enforcement agreements with many countries under:

  • The Hague Convention on the International Recovery of Child Support
  • Uniform Interstate Family Support Act (UIFSA) extended for international use

However, enforcement may still be blocked or delayed if:

  • The foreign jurisdiction does not recognize U.S. orders
  • The obligor hides assets or income abroad
  • Local laws limit garnishment or attachment

To protect our San Diego clients, we:

  • Obtain detailed income disclosures
  • Seek wage assignments enforceable via treaty
  • Utilize diplomatic channels or local counsel when necessary

Dual Citizenship and Immigration Concerns

Many international divorce clients are dual citizens, visa holders, or green card applicants. Divorce can affect immigration status in subtle and serious ways:

  • Loss of conditional resident status based on marriage
  • Sponsorship obligations under an Affidavit of Support (I-864)
  • Child custody implications for immigration petitions

We collaborate with experienced immigration counsel to ensure divorcing clients don’t jeopardize legal status or ability to travel across borders.

Tactical Considerations in Cross-Border Divorce Cases

When representing San Diego residents in international divorce, Minella Law Group takes proactive steps to minimize risk and maximize outcomes:

  1. Jurisdictional Advantage: We often move quickly to file in California if it provides a more favorable legal framework (e.g., community property, child support guidelines).
  2. Enforceability Audit: Before pursuing orders, we assess whether those orders can actually be enforced in the foreign country.
  3. Parallel Proceedings: In some cases, litigation must occur in both California and the foreign jurisdiction.
  4. Conflict of Laws Strategy: We research and plan for divergent foreign rules on property, support, and custody.
  5. Asset Preservation: We seek restraining orders to prevent asset dissipation abroad.
  6. Expert Testimony: We use international law experts, forensic accountants, and foreign counsel to support our litigation strategy.

Why Minella Law Group for International Divorce in San Diego?

Cross-border divorce is not just family law; it is international litigation.

San Diego’s strategic location near the U.S.-Mexico border, and its large community of military families, expats, and international professionals, means these cases are more common than many assume. But they are rarely routine.

At Minella Law Group, we combine:

  • Deep understanding of California divorce law
  • Strategic handling of jurisdictional and treaty issues
  • Experience litigating and settling complex, multinational family law disputes
  • Connections with international experts and foreign attorneys

We protect your financial interests, preserve your parental rights, and ensure your case is handled with precision and discretion.

Facing International Divorce? Protect Your Future With Confidence

If you are a San Diego resident facing divorce involving international elements—foreign property, offshore accounts, international custody disputes, or cross-border enforcement—you cannot afford to rely on general advice. These cases demand advanced legal strategies and courtroom experience.

Minella Law Group is ready to advocate for your interests across borders. Contact us today to schedule a confidential consultation and take the first step toward securing your financial, parental, and legal future in a global context.

 

International Divorce Is Complex. Don’t Wait. Call Us Today


Whether you’re worried about global assets, child custody across borders, or enforcing a California judgment abroad, the sooner you act, the more options you preserve.

📞 Call Minella Law Group today at 619-289-7948 to schedule a confidential consultation with one of our family law specialists. We’ll listen to your concerns, assess the situation, and create a clear strategy tailored to your goals.

📝 Prefer email? Fill out our online contact form and a member of our legal team will get in touch with you promptly.

In Child Custody & Visitation

What Does a 730 Evaluation Really Mean for Your Custody Case?

paper work on a table with a person thinking in the back

Understanding California’s Psychological Evaluations in Contested Custody Disputes

If you’re involved in a custody dispute in California and a judge has ordered a “730 evaluation,” you may be feeling anxious, confused, or even blindsided. What does this mean? Who conducts the evaluation? What will they ask your child? And perhaps most importantly, how will it affect the court’s final decision on custody?

A 730 evaluation—named after California Evidence Code §730—is a court-ordered psychological assessment performed by a neutral mental health expert. The evaluator’s job is to gather information about each parent, the child, and the family dynamics, then provide a written report and recommendation to the court about custody and visitation. These evaluations are especially common in high-conflict custody cases, situations involving mental health concerns, domestic violence allegations, or suspected alienation or abuse.

Whether you’re the one requesting the evaluation or on the receiving end of it, knowing what to expect can make a significant difference in how the process unfolds—and how it impacts your custody outcome. This article walks through what a 730 evaluation is, when it’s ordered, how it’s conducted, and how you can prepare to protect your parental rights.

What Is a 730 Evaluation?

A 730 evaluation is a forensic psychological assessment authorized by the court when expert insight is needed to determine what custody and visitation arrangement is in the best interest of the child. The evaluator—usually a licensed psychologist, marriage and family therapist, or psychiatrist—acts as the court’s neutral expert and is tasked with producing a detailed, evidence-based report.

The 730 evaluator does not advocate for either parent. Their responsibility is to:

  • Assess the mental health and parenting capabilities of each parent
  • Evaluate the emotional and psychological needs of the child
  • Examine family dynamics, conflict patterns, and attachment bonds
  • Identify any risk factors, including abuse, neglect, alienation, or mental illness
  • Recommend a custody and visitation plan based on their findings

The evaluator’s report becomes part of the court record, and judges often give these recommendations significant weight when making final custody decisions.

When Does the Court Order a 730 Evaluation?

A judge may order a 730 evaluation when there are complex or serious custody concerns that can’t be resolved through regular mediation, parent interviews, or standard family court services. Common triggers for a 730 evaluation include:

Judges can order an evaluation on their own, or a party can request one through a motion or stipulation. In some cases, both parents agree to the evaluation to settle disputes with the guidance of an expert.

Who Pays for the 730 Evaluation?

Cost is often a concern for families facing this process. Evaluations can range from $5,000 to $20,000 or more, depending on the complexity of the case and the evaluator’s experience. The court may:

  • Order one parent to pay the full cost
  • Order the parties to split the cost equally
  • Assign a different percentage based on income or financial need

In some situations, the court may appoint an evaluator from Family Court Services (FCS) for a limited-scope or “partial” evaluation, which is typically more affordable. However, full 730 evaluations from private professionals are far more detailed and commonly used in high-conflict or high-asset cases.

What Happens During the Evaluation?

A typical 730 evaluation can last several weeks or even months. The evaluator will:

  • Interview both parents individually
  • Observe parent-child interactions
  • Conduct psychological testing (if deemed necessary)
  • Interview the child, depending on age and maturity
  • Interview third parties (teachers, therapists, relatives)
  • Review records, such as court filings, school reports, police reports, and medical records

Each parent may be asked to complete standardized psychological tests like the MMPI (Minnesota Multiphasic Personality Inventory) or the Parenting Stress Index. The evaluator will also observe how each parent interacts with the child, how the child behaves in each parent’s presence, and whether any signs of stress, fear, or alienation are present.

The evaluator will typically request access to court files, CWS or CPS reports, school records, and other relevant documentation. Each parent may also submit their own evidence for consideration.

Will My Child Be Interviewed?

In most cases, yes—particularly if the child is old enough to express thoughts and preferences. The evaluator will meet with the child in a neutral setting to assess:

  • The child’s relationship with each parent
  • Emotional and behavioral adjustment
  • Level of comfort in each home
  • Views on custody and visitation (if developmentally appropriate)

The child is not asked to “choose sides,” but their emotional state and perception of each parent may be reflected in the final report. Evaluators are trained to assess whether a child’s views are authentic or the result of coaching, manipulation, or pressure from one parent.

If the child is very young or non-verbal, the evaluator may rely more heavily on parent interviews, medical or daycare records, and observations of the child’s behavior in each parent’s presence.

What’s in the Final Report?

Once the evaluation is complete, the evaluator will prepare a detailed report that includes:

  • A summary of each parent’s history and current situation

  • Observations of the child’s needs, behavior, and attachments

  • Results of psychological testing
  • Notes from collateral interviews
  • Analysis of risks (e.g., substance abuse, mental illness, conflict)
  • Recommendations for legal and physical custody
  • Proposed parenting time schedule, including holidays and exchanges
  • Safety protocols, if necessary (e.g., supervised visitation, drug testing)

This report is submitted to the court and the attorneys. It is confidential, but its findings carry substantial influence. Judges are not bound by the recommendations, but they typically defer to the evaluator unless there are compelling reasons not to.

How Do You Prepare for a 730 Evaluation?

How you present yourself during the evaluation matters. You should:

  • Be honest, but not defensive
  • Stay focused on your child’s needs, not grievances about your ex
  • Avoid exaggeration or overdramatizing conflicts
  • Provide documentation to support your claims
  • Remain calm and cooperative with the evaluator
  • Prepare to discuss your parenting style, routines, discipline approach, and the child’s needs

Avoid bad-mouthing the other parent. While you can express concerns, focus on facts and patterns—not emotional accusations. Evaluators are trained to recognize attempts at manipulation or parental alienation.

Your attorney can help you prepare for interviews, review your records, and guide you on how to frame concerns constructively.

What Happens If You Disagree With the Evaluation?

You or your attorney can challenge a 730 evaluation in several ways:

  • Request a rebuttal report from another expert
  • Cross-examine the evaluator at trial
  • File objections to portions of the report
  • Request a supplemental evaluation (especially if new issues arise)
  • Present your own witnesses or evidence to counter the conclusions

However, simply disagreeing with the recommendations is not enough. You need to undermine the methodology, show bias, or provide credible alternate evidence to persuade the judge to deviate from the recommendations.

In some cases, courts will order a second 730 evaluation if the first report is disputed and the case remains unresolved.

Is a 730 Evaluation Permanent?

No. Like any custody recommendation or order, the court’s decision based on the evaluation can be modified later if circumstances change. If the evaluator recommended limited visitation, but the parent later completes therapy or parenting classes, they can request a modification.

However, the evaluator’s report remains a part of the official record and may influence future decisions. That’s why it’s essential to take the process seriously and make a strong, child-centered impression.

Final Thoughts

A 730 evaluation can feel intrusive and intimidating, but it’s also an opportunity. It’s a chance to show the court that you’re the stable, thoughtful, and child-focused parent your child needs. With the right preparation and mindset, you can use this process to strengthen your case and protect your relationship with your child.

At Minella Law Group, we have extensive experience guiding clients through 730 evaluations in high-conflict custody matters. We understand how these evaluations work, what evaluators are looking for, and how to prepare you to present your best parenting self.

 

Facing a 730 Evaluation? Let Us Help You Navigate It

If a custody evaluation has been ordered—or you believe one is needed—don’t go into it alone. Our experienced team will help you prepare, advocate, and protect your parental rights at every step.

📞 Call Minella Law Group today at 619-289-7948 to schedule a confidential consultation with one of our family law specialists. We’ll listen to your concerns, assess the situation, and create a clear strategy tailored to your goals.

📝 Prefer email? Fill out our online contact form and a member of our legal team will get in touch with you promptly.

Your parenting time matters. Let us help you safeguard it.