Divorce or separation is hard enough; add a dispute over where—and with whom—your child will live, and the stakes feel overwhelming. When parents cannot agree on a custody plan, San Diego family‑law judges often order a child custody evaluation (commonly called a 730 evaluation after Evidence Code §730). This in‑depth, court‑appointed assessment is designed to answer a single, critical question: What custodial arrangement is truly in the best interest of the child?
Understanding how the evaluation works—and how to present your best parenting self—can reduce stress and improve outcomes.
1. What Is a 730 Child Custody Evaluation?
A 730 evaluation is a court‑ordered investigation by a neutral mental‑health professional—usually a licensed psychologist or marriage‑and‑family therapist—who has specialized training in child development and family systems. The evaluator gathers data through interviews, home visits, psychological testing, and collateral contacts, then issues a written report with recommendations on physical and legal custody, visitation schedules, and, in some cases, therapeutic interventions.
Real‑life example: In one San Diego case, both parents sought sole physical custody, each alleging the other was emotionally unstable. The court appointed a forensic psychologist who conducted separate clinical interviews, administered the MMPI‑2 personality test, spoke with the child’s teacher and pediatrician, and completed two unannounced home visits. The evaluator’s report revealed that both homes were safe, but the father’s erratic work schedule limited weekday availability. The final recommendation split custody 60/40 in favor of the mother, with ample weekend time for the father—an outcome the judge adopted verbatim.
2. Who Selects—and Pays—For the Evaluator?
In San Diego, the parties may stipulate to a specific evaluator from the court‑approved list. If they cannot agree, the judge will appoint one. Fees typically range from $5,000 to $15,000 depending on scope and complexity, and the court will allocate costs—often 50/50, but sometimes proportionate to income or hardship factors.
3. The Evaluation Roadmap: What to Expect
Although every professional has a unique style, most 730 evaluations unfold over five structured phases:
- Intake & Document Review – The evaluator receives the court order, pleadings, school records, medical files, and any restraining orders.
- Parent Interviews – Each parent meets privately with the evaluator, typically for two or three sessions, to discuss history, routines, concerns, and proposed parenting plans.
- Child Contacts – Depending on age, the evaluator may interview the child, use play‑based observation, or administer age‑appropriate questionnaires.
- Collateral Interviews & Testing – Teachers, therapists, daycare providers, and extended family may be contacted. Standardized psychological tests or substance‑abuse screens are used when relevant.
- Home Visits & Observations – At least one visit to each residence helps assess safety, sleeping arrangements, and parent–child interaction.
Example of a collateral turning point: In a recent Minella Law Group case, a mother alleged that the father’s girlfriend was verbally abusive. The evaluator’s phone interview with the child’s soccer coach confirmed repeated instances of the girlfriend yelling from the sidelines. That third‑party account corroborated the mother’s concerns and factored heavily into the final recommendation limiting the girlfriend’s involvement during custodial time.
4. How to Prepare Without “Over‑Preparing”
While you cannot—and should not—try to “game” the process, thoughtful preparation shows the evaluator you are organized, child‑focused, and cooperative.
A. Gather Key Materials
Have copies (physical or digital) of school transcripts, medical records, extracurricular schedules, and a proposed parenting calendar. Present them concisely; a binder of hundreds of pages can backfire.
B. Demonstrate a Child‑Centric Mindset
During interviews, speak to your child’s needs—academic support, therapy, special diets—rather than attacking the other parent. Evaluators note maturity and empathy.
C. Maintain Routine
If you are the child’s primary morning caregiver, continue that routine. Sudden changes (new babysitters, quitting activities) may look manipulative.
D. Mind Your Social Media
Evaluators occasionally include screenshots in their reports. Avoid posts that display excessive partying or disparage the other parent.
E. Be Honest About Weaknesses
Admitting, for example, that you are seeking counseling for co‑parenting conflict can enhance credibility. The evaluator is more concerned with insight and improvement than perfection.
5. Common Pitfalls—and How to Avoid Them
- Coaching the Child: Instructing your child on what to say is usually obvious to seasoned evaluators and can irreparably damage your case.
- Gatekeeping Communication: Blocking reasonable phone or video contact between the child and the other parent may be viewed as alienating behavior.
- Weaponizing Allegations: False claims of abuse or substance misuse will be investigated and, if unfounded, can undermine your credibility.
- Ignoring Interim Orders: Stick to existing visitation schedules unless the court modifies them. Violations create a paper trail that evaluators flag.
A cautionary anecdote: One father, fearing he might lose joint custody, secretly recorded the child’s conversation with the evaluator and posted snippets online. The evaluator learned of the breach, cited it as evidence of poor judgment, and recommended supervised visitation until trust could be rebuilt.
6. What Happens After the Report Is Filed?
Once the evaluator submits the written report (usually 60–120 days after appointment), both parties—and their attorneys—receive copies. The report often contains:
- Custody and visitation recommendations
- Suggested therapy or parenting classes
- Safety measures (e.g., substance testing, supervision)
The judge will consider the report as expert evidence under Evidence Code §730 but is not bound by it. Nonetheless, courts adopt these recommendations fully or partially in the majority of cases.
Parties may depose the evaluator or request a settlement conference to negotiate based on the findings. If the matter proceeds to trial, the evaluator can be called to testify and subjected to cross‑examination.
Example of post‑report negotiation: After receiving a favorable 65/35 custody recommendation, our client agreed to grant the other parent additional summer weeks in exchange for dropping a relocation request. The evaluator’s balanced report provided a framework that allowed the parents to settle without a costly trial.
7. How Minella Law Group Supports Clients During 730 Evaluations
Our attorneys help you present your parenting story clearly, compile relevant documents, and avoid missteps that jeopardize credibility. We also:
- Provide interview coaching to ensure you remain child‑focused
- Vet proposed evaluators for experience and potential biases
- Prepare targeted questions if a deposition is necessary
- Collaborate with trusted mental‑health professionals for rebuttal opinions when warranted
A child custody evaluation can feel intrusive and intimidating, yet it is ultimately a tool designed to protect children’s well‑being. By approaching the process with honesty, preparation, and a genuine commitment to your child’s best interests, you enhance both your credibility and your chances for a favorable outcome.
If you have been ordered to undergo a 730 evaluation—or anticipate one—contact Minella Law Group today. Our experienced family‑law team will guide you through each step, ensuring that your voice and your child’s needs remain front and center.
📞 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.
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