While many parents are able to reach custody agreements outside of court, other cases can be more complex and may require a child custody evaluation to be completed. These reports can be crucial in deciding certain custody matters in California. Also referred to as “730 evaluations,” child custody evaluations look into the mental fitness and parenting practices of one or both parents and help a court determine what is in the child’s best interests.
A child custody evaluation is meant to assist the court in deciding the most suitable parenting arrangement for a child. The primary purpose is to determine the child’s welfare during the divorce process; help the court consider various legal factors when making a decision concerning custody or relocation; and assess the physical, mental, and emotional fitness of each parent. An important core feature of a custody evaluation that any parent must understand is that it is a forensic examination, not a clinical examination. In other words, the evaluator forensically evaluates the family, but the evaluator never treats the family.
In some counties, a mini custody evaluation is permitted, sometimes called a “Brief Focused Evaluation.” This is not as extensive as a typical custody evaluation and may only cover one specific issue. A mini evaluation can sometimes help move along the legal process of making a custody determination since conducting a thorough evaluation would be more time-consuming, but it can also be subject to challenge, because less data is gathered by the forensic expert before the expert’s conclusions are made.
A child custody evaluation can be ordered for any number of reasons in a custody matter. Such as allegations of abuse, neglect, parental alienation or one parent’s request to relocate with the child long-distance. They may arise upon the request of a parent, the order of a judge, or the recommendation of a court mediator. They are usually appropriate in cases where parents cannot agree on custody matters, where a parent claims the other is unfit, where a parent disagrees with the other parent’s request to relocate with the children, or where the conflict between the parents is so high, that the court believes some form of forensic evaluation of the family dynamic is warranted and in the best interests of the children caught in the middle.
Common reasons child custody evaluations may be ordered can include the following:
Although the focus of a custody evaluation can vary — depending on the facts of the case — the ultimate objective is to create a confidential report that results in recommendations about what the court’s orders should be.
The judge will either appoint a child custody evaluator to conduct the investigation into the custody matter or they will ask the parties to submit a list of evaluators from which they will select one. In some cases, parents can agree on an evaluator and choose one without judicial input. Typically, the parents will be responsible for paying the evaluator’s fee. The cost of a child custody evaluation can be significant or cost prohibitive for some families.
A child custody evaluation can be conducted by a trained psychologist, psychiatrist, qualified social worker, or another mental health professional. However, formalized psychological testing may only be conducted by a trained psychologist. All evaluators must file a declaration under California Family Code § 3110 to attest to their qualifications. They must have undergone custody-related training as well as have at least five years of postgraduate experience in diagnosing emotional and mental disorders.
A comprehensive child custody evaluation can include a wide variety of components and take anywhere from a few months to even a year to complete. Generally, the evaluator will begin the process with a home visit to observe each parent’s living environment and the interactions they have with the child. The evaluator may interview the parents and the child, conduct psychological assessments, interview people who are familiar with the family, as well as review relevant documents such as school and medical records. Some cases may require the involvement of multiple evaluators who specialize in different areas.
Once the evaluation is complete, the evaluator will compile their findings into a confidential report, which also includes an official recommendation for a parenting plan. This report can only be seen by the judge and the individuals who are a part of the case, and often times heavy monetary sanctions are issued against any party or attorney who produces the report to another person not authorized by court order to receive it. It is shared with the parents and their lawyers at least ten days prior to the next court hearing and is an essential factor when it comes to the judge’s custody decision.
During a custody trial, each parent has the opportunity to ask the evaluator questions about the report. If either parent disagrees with the findings, they may invite a different mental health professional to challenge the process as to how the report was prepared or the data gathered. The judge will consider whether the evaluation was executed fairly and that the conclusions/recommendations are supported by the data gathered. When rendering their custody decision, the judge will focus on what is in the best interests of the child.
Child custody matters can be complex. If child custody evaluations have been ordered in your case, it’s best to have the guidance of a knowledgeable family law attorney who can help you navigate the legal process. Located in Walnut Creek, California, Bednarczyk & Valerio, LLP offers reliable representation and compassionate counsel to clients in California for a wide variety of family law matters, including those concerning child custody issues. Call 925-464-2494 or contact us online to schedule a consultation to learn how we can help with child custody evaluations.
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