A 730 custody evaluation in California is a court-ordered investigation in which a judge appoints a licensed mental health professional under Evidence Code Section 730 to examine a family in a contested custody case and file a written report recommending a parenting arrangement.1California Legislative Information. California Code Evidence Code 730 The evaluator interviews both parents and the children, usually administers psychological testing, visits each home, and contacts people who know the family. The process commonly takes at least two months and often runs longer, and it can cost anywhere from a few thousand dollars to well over twenty thousand.
Judges reach for a 730 evaluation when a custody dispute is too complex or too serious to resolve through the usual mediation and recommending counseling. Allegations of abuse, substance use, untreated mental illness, or parental alienation are typical triggers. So is a case where the parents simply cannot agree and the judge wants an independent clinical view of what actually serves the child.
How the Court Orders One
Most 730 evaluations start with one parent filing a Request for Order asking the court to appoint an expert. The request needs to explain why the case is complicated enough to justify a full clinical investigation rather than the standard family court services process. A judge can also order a 730 evaluation without either parent asking, if the court believes expert evidence would help.
One parent cannot force the other to sit for a private evaluation on their own. Participation requires either a court order or a written stipulation signed by both sides. Once the order issues, the judge selects the evaluator, defines the scope of the investigation, and sets the terms of compensation.
A Note on 3111 Evaluations
California has a second, more common evaluation track under Family Code Section 3111, often handled through court-connected family court services.2California Legislative Information. California Family Code 3111 If your case involves fairly ordinary custody and visitation questions, you may be pointed to a 3111 evaluation instead. The 730 route is reserved for cases where the court wants deeper clinical work by a private practitioner, which is why it takes longer and costs more.
Full Evaluation or Focused Assessment
The court order will specify whether the evaluator is conducting a full evaluation or a narrower focused assessment. The two look very different in practice.
A full evaluation covers the entire range of custody and parenting issues. The evaluator interviews both parents and the children, administers psychological testing, performs home visits, contacts collateral sources such as teachers and therapists, and reviews relevant records. The report ends with detailed custody and visitation recommendations. Full evaluations are typical in cases involving domestic violence, substance abuse, alienation, or children with special needs.
A focused assessment targets a single, specific question written into the court order. The evaluator still interviews the relevant people and may review records, but the scope is deliberately limited. Focused assessments typically cost about half as much as a full evaluation and finish faster. For a focused assessment to work, the court order has to spell out the exact question being asked. A vague referral question forces the evaluator back into a full evaluation.
Who the Evaluator Is
Under Family Code Section 3110.5, the evaluator must be a licensed psychologist, psychiatrist, marriage and family therapist, clinical social worker, or professional clinical counselor.3California Legislative Information. California Family Code 3110.54Judicial Branch of California. Rule 5.225 – Appointment Requirements for Child Custody Evaluators5Judicial Branch of California. Rule 5.230 – Domestic Violence Training Standards for Court-Connected and Private Child Custody Evaluators
What Happens During the Evaluation
The investigation moves through a predictable sequence, though the pace depends on the evaluator’s schedule and the complexity of the case.6California Courts. Child Custody Evaluations
Interviews
The evaluator meets individually with each parent, sometimes across several sessions. Expect questions about your view of the dispute, your parenting goals, and your concerns about the other parent. The evaluator is listening for more than facts. Whether you can acknowledge the other parent’s strengths, whether your account holds together across sessions, and whether you sound focused on the child or on winning all matter to the assessment.
Children are interviewed separately using age-appropriate techniques. Younger children may draw or play; older children may answer questions directly. The evaluator is trying to understand attachments, feelings, and daily experience without dragging the child into the middle of the parents’ fight.
Parent-Child Observations and Home Visits
The evaluator watches each parent interact with the child separately, paying attention to the quality of the bond, how you communicate, and how you handle behavior. Home visits let the evaluator see whether the child’s living environment is safe, stable, and equipped for daily life.
Psychological Testing
Most 730 evaluations include standardized personality testing of both parents. The Minnesota Multiphasic Personality Inventory, now in its third edition, is the most common instrument. The Rorschach and structured psychiatric interviews may also appear. These tests were designed for clinical diagnosis, not for measuring parenting ability, so a competent evaluator will interpret results in the context of the custody question rather than translating an elevated score directly into a custody conclusion. When you read the report, look for whether the evaluator actually explains what your scores mean for parenting capacity.
Collateral Contacts and Records
After interviews and testing, the evaluator calls the collateral contacts each parent identified: teachers, pediatricians, therapists, coaches, and childcare providers. Those conversations act as a check on what the parents said. The evaluator also reviews court records, prior evaluations, police reports, and any other documents in the case. Conflicting information usually triggers follow-up interviews.
How to Prepare
The evaluator will send intake paperwork asking for detailed personal history, the child’s developmental milestones, the current schedule, and your specific concerns. Fill it out honestly and thoroughly, because the evaluator cross-checks what you write against everything else gathered.
Have these ready:
- School records: report cards, test scores, attendance, and notes from teacher conferences.
- Medical records: chronic conditions, releasable therapy or counseling records, and immunization history.
- Collateral contacts: names and contact information for teachers, pediatricians, coaches, and childcare providers who see your child regularly.
- Legal records: police reports, restraining orders, prior custody orders, and any CPS involvement.
Assume the evaluator will also look at your digital footprint. Text messages, emails, and social media posts routinely become evidence of judgment, temperament, and priorities. Derogatory posts about the other parent are particularly damaging because a judge may read them as a settled attitude rather than a bad moment, and they can be used to show the effect of conflict on the child. Deleting content later rarely helps, since screenshots and cached pages tend to survive. Treat anything you post, send, or file as material the evaluator will eventually see.
The Report and Its Weight
The written report is the point of the whole exercise. It summarizes the interviews, observations, test results, collateral contacts, and record review, and it ends with the evaluator’s specific recommendations on legal custody, physical custody, and a parenting schedule.
Under Family Code Section 3111, the report must be filed with the court clerk and served on both parents or their attorneys at least 10 days before the custody hearing.2California Legislative Information. California Family Code 3111 That window lets you review the conclusions with your attorney and prepare objections.
Judges are not legally bound by the recommendations, but they give them substantial weight. The evaluator has spent months with the family and brings clinical expertise the judge does not. When a judge departs from a 730 recommendation, the record usually shows a specific reason. That is why the report is one of the most influential documents in any contested custody case.
Step-Up Parenting Plans
If the evaluation surfaces concerns about a parent’s current ability to safely care for the child, such as active substance abuse or untreated mental illness, the evaluator may recommend a step-up plan rather than a permanent restriction. A step-up plan starts with restricted or supervised time and gradually expands access as the parent demonstrates progress, such as completing treatment or maintaining sobriety.
Confidentiality
The report is confidential and does not enter the public court file. Access is limited to the parties and their attorneys, any attorney appointed for the child, family court judicial officers, and certain court and child welfare personnel.2California Legislative Information. California Family Code 3111 Anyone else needs a specific court order. Unauthorized disclosure can trigger monetary sanctions along with attorney’s fees and costs, so do not share the report with friends, family, or anyone online, regardless of how you feel about what it says.
What It Costs and Who Pays
A full 730 evaluation typically runs from $5,000 to over $20,000, depending on the complexity of the issues, the number of children, and the evaluator’s hourly rate. Focused assessments cost roughly half as much. Evaluators generally require a retainer before starting, and the court order will name the amount.
The court can divide the cost between the parents based on income and ability to pay.1California Legislative Information. California Code Evidence Code 730 The split does not have to be equal. Sometimes one parent is ordered to pay the whole amount upfront, with reallocation possible later. If you have a low income, you can ask for a fee waiver covering court costs, and some counties offer reduced-cost evaluations through family court services for families that qualify financially.7California Courts. Ask for a Fee Waiver
Refusing to pay your ordered share is risky. Under Family Code Section 271, the court can sanction a parent whose conduct frustrates the case, typically by ordering that parent to pay the other side’s attorney’s fees.8California Legislative Information. California Family Code 271 Refusal to cooperate with the evaluation itself can also influence the underlying custody decision, since it tells the judge something about your willingness to co-parent.
Challenging the Findings
Disagreeing with the report does not mean you are stuck with it. California law gives you several tools.
Cross-Examination
The most direct option is cross-examining the evaluator at the custody hearing. Your attorney can probe the methodology, question whether the conclusions actually follow from the data, and point out evidence the evaluator missed or misread. Effective cross-examination focuses on whether the evaluator followed accepted best practice guidelines. Heavy reliance on one parent’s account without collateral verification, or psychological test interpretations that ignore the custody context, are legitimate targets.
Rebuttal Expert
Under Evidence Code Section 733, either parent may hire their own expert to testify on the same issues.9California Legislative Information. California Evidence Code 733 You pay the rebuttal expert yourself; those fees cannot be taxed against the other side. A rebuttal expert can review the evaluator’s file, including raw test data and interview notes, and explain to the court where the methodology fails. Because the rebuttal expert did not conduct a full evaluation, they usually cannot offer their own custody recommendation, but they can dismantle a weak one.
Motion to Remove the Evaluator
If the evaluator has shown bias or gone beyond the scope of the court order, you can move to have them removed. Evidence Code Section 730 requires a “disinterested” expert, and court rules require objectivity. An evaluator who acts as a de facto decision-maker, directs parents to take actions outside the evaluation, or shows a pattern of favoring one side can be challenged on those grounds. If the court agrees, it can vacate orders based on the evaluation and appoint a replacement.