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:
- Allegations of child abuse or neglect
- Accusations of parental alienation
- Concerns about a parent’s mental health or substance use
- Domestic violence history between the parents
- One parent requesting sole custody with contested justification
- Concerns about a child’s attachment or reluctance to see one parent
- High-conflict co-parenting that is disrupting the child’s well-being
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.
