A 730 evaluation in California is a court-ordered child custody evaluation in which a neutral, qualified mental health professional investigates a family and recommends custody and parenting time to the judge. The name comes from Evidence Code Section 730, which lets a court appoint its own expert, and family courts also order evaluations under Family Code Section 3111. The evaluator interviews both parents and the child, observes the family, contacts teachers and other collateral sources, and then writes a confidential report that the judge can rely on when deciding custody.

Judges don’t have to follow the evaluator’s recommendations, but they often give them significant weight. This guide from Wade Litigation explains when courts order evaluations, how the process works, what drives the cost, how to prepare, and what to do if you disagree with the report. For a broader overview of custody law, visit our California child custody page.

Key Takeaways

• A 730 evaluation is a court-ordered investigation of a family by a neutral evaluator who works for the court, not for either parent, even when the parents pay the fees.
• Courts can appoint evaluators under Evidence Code Section 730 or Family Code Section 3111, and both types must follow the statewide standards in California Rules of Court, Rule 5.220.
• Evaluators must be licensed mental health professionals or certified court-connected evaluators who meet training and experience requirements.
• The process usually includes interviews, observations, collateral contacts, records review, and sometimes psychological testing.
• Under Family Code Section 3111, the report must be filed and served at least 10 days before the custody hearing, and it is confidential.
• Parents can challenge a flawed evaluation through deposition, cross-examination, expert review, and additional evidence.

What Is a 730 Evaluation in California?

Evidence Code Section 730 allows a California court, on its own motion or at the request of any party, to appoint an expert when expert evidence is or may be needed. That expert can investigate, prepare a report, and testify. In family law, courts use this authority to appoint a child custody evaluator, which is why parents and attorneys often call the process a “730 evaluation.”

Family Code Section 3111 provides a second, custody-specific path. In any contested custody or visitation proceeding, the court may appoint a child custody evaluator if an evaluation is in the child’s best interests. In either case, the evaluator acts as the court’s neutral expert and gathers balanced information about both parents and the child.

What Is the Difference Between a 3111 and a 730 Evaluation?

In practice, the two are very similar, and lawyers often use the terms interchangeably. Like every 3111 evaluation, every 730 evaluation California courts order follows California Rules of Court, rule 5.220, which sets uniform standards for conducting and reporting evaluations. The differences are mainly procedural.

• Family Code 3111 evaluations come with specific statutory rules. The report must be filed with the court and served on the parties at least 10 days before any custody hearing; it must include a confidentiality notice, and it may be admitted into evidence if all parties stipulate.
• Evidence Code 730 evaluations rely on the court’s general power to appoint an expert. The evaluator is the court’s witness, and under Evidence Code Section 732, either the court or any party can call and examine the evaluator, and the parties retain the right to cross-examine.

Your appointment order states which authority the court is using and the scope of the evaluation, so review it closely with your attorney.

Who Can Serve as a Child Custody Evaluator in California?

California sets minimum qualifications for every court-appointed evaluator. Under Family Code Section 3110.5 and California Rules of Court, rule 5.225, an evaluator must generally be a licensed psychologist, psychiatrist, marriage and family therapist, clinical social worker, or professional clinical counselor, or a court-connected evaluator whom the court has certified.

Before appointment, an evaluator must also complete 40 hours of approved training on topics such as child development, family dynamics, child sexual abuse, and interviewing and testing methods, plus separate domestic violence training. Evaluators need annual update training to stay eligible, and they generally must have participated in at least four court-appointed evaluations in the preceding three years. Private evaluators must file a declaration of qualifications with the court after each appointment and before beginning work. If your evaluator does not appear to meet these requirements, raise it with your attorney early, before they file a report.

When Do Courts Order a Child Custody Evaluation in California?

Judges usually order evaluations when the court needs more information than the parents’ declarations and custody mediation can provide. Common situations include:

• Allegations of child abuse, neglect, or domestic violence
• Concerns about a parent’s substance use or mental health
• A request by one parent to relocate with the child
• Claims that one parent is undermining the child’s relationship with the other parent
• A child with special medical, educational, or emotional needs
• High-conflict cases where the parents’ accounts differ dramatically
• Questions about a child’s preferences and the reasons behind them

Either parent can request an evaluation, the parents can agree to one, or the judge can order one independently. Relocation is a frequent trigger, and our article on requesting a move-away in family court explains how those disputes unfold.

When there is a serious allegation of child sexual abuse, Family Code Section 3118 adds minimum requirements, including consulting with child welfare and law enforcement, avoiding unnecessary repeated interviews of the child, and filing a detailed confidential report on a mandatory Judicial Council form.

What Types of Custody Evaluations Are There?

Full and Partial Evaluations

Each child custody evaluation California courts order is either full or partial. A full evaluation comprehensively assesses the child’s health, safety, welfare, and best interests, including each parent’s capacity to care for the child and the relationships within the family. It is the most thorough and time-consuming option.

A partial evaluation is limited by the court’s order in time or scope. It might address a single question, such as whether a parent’s substance use poses a risk, whether a proposed relocation is in the child’s best interests, or what the child’s preferences are. A focused evaluation can be a practical choice when one issue is driving the dispute.

Private Evaluations and Court-Connected Evaluations

A private evaluator is an independent professional appointed by the court and paid by the parties. Court staff or a court contractor conducts a court-connected evaluation, usually through the county’s family court services office. Both follow the same standards, but availability, timelines, and fees vary widely by county.

Neither type is the same as custody mediation. In some counties, a child custody recommending counselor can recommend a course of action to the judge, but that process is much shorter and less detailed than an evaluation. Our article on how mediation can help in family law cases explains mediation in more detail.

What Happens During a 730 Custody Evaluation?

Every evaluator has a slightly different approach, but Rule 5.220 requires evaluators to explain the process in writing and to collect balanced information from both sides. Most evaluations follow these steps.

1. Appointment and orientation. The court’s order appoints the evaluator and defines the scope. The evaluator explains the procedures, timeline, limits of confidentiality and fees, and parents usually complete detailed questionnaires.
2. Parent interviews. Each parent meets with the evaluator, often several times, to discuss background, caregiving history, concerns, and a proposed parenting plan. Joint interviews may be inappropriate when there is a history of domestic violence.
3. Child interviews. The evaluator meets with the child in an age-appropriate way and should not pressure the child to choose between parents.
4. Observations and home visits. The evaluator may observe each parent with the child, in the office or at home, unless doing so would harm the child.
5. Psychological testing. Some evaluations include standardized tests, and the evaluator must explain how they use any results.
6. Collateral contacts. The evaluator may speak with teachers, pediatricians, therapists, childcare providers, and others who know the family.
7. Records review. Evaluators commonly review school and medical records, police reports, court filings,s and messages between the parents.
8. Report and recommendations. The evaluator presents findings and recommendations about legal custody, physical custody, and parenting time.

What Do Custody Evaluators Look For?

Evaluators focus on the child’s best interests, guided by the same factors the court uses. They often look at:

• Each parent’s ability to meet the child’s physical, emotional,l and educational needs
• The quality of the child’s relationship with each parent
• Each parent’s historical caregiving role
• The child’s adjustment to home, school and community
• Any history of abuse, domestic violence or substance abuse
• Each parent’s mental and physical health as it affects parenting
• Each parent’s willingness to support the child’s relationship with the other parent
• The child’s wishes, when the child is old enough and mature enough to form an intelligent preference

On that last point, a child 14 or older who wants to speak to the court generally must be allowed to, and an evaluator who learns a child wants to address the judge must tell the court and the parties. Our article on child preferences in California custody cases covers how judges handle those wishes.

Mental health is another frequent focus, but a diagnosis by itself does not decide custody. Our guide to mental health in California child custody cases offers additional guidance for parents whose mental health may be raised during an evaluation.

How Long Does a 730 Evaluation Take?

A full evaluation commonly takes several months from appointment to final report. The timeline depends on the evaluator’s caseload, the number of interviews and tests, how quickly records arrive, and how promptly both parents schedule appointments and pay deposits. Partial evaluations are usually faster.

How Much Does a 730 Evaluation Cost?

There is no fixed price for a 730 evaluation in California, and fees vary widely by county, evaluator, and scope. Private evaluators typically bill by the hour, so cost tracks professional time. The main cost drivers are:

• Scope. A full evaluation costs far more than a partial evaluation limited to one question.
• Number of participants. More children, stepparents,s and collateral sources mean more interviews.
• Psychological testing. Testing adds scoring and interpretation time.
• Records and travel. Large volumes of records, home visits, and out-of-area parents add hours.
• Testimony. Depositions and trial testimony are usually billed separately from the report.

Rule 5.220 requires the court to allocate the 730 evaluation cost between the parties, and Family Code Section 3112 directs the court to consider each parent’s ability to pay for a court-ordered investigation. Ask your attorney for a realistic estimate early, and consider whether a partial evaluation would answer the key question at a lower cost.

What Is in the Evaluation Report, and When Is It Served?

Under rule 5.220, the report must summarize the data sources, procedures, and time spent, and it must include all relevant information, even information that does not support the evaluator’s conclusions. It must describe limitations, such as a parent who did not cooperate, and may make recommendations only about parties the evaluator actually evaluated.

Under Family Code Section 3111, the report must be filed and served at least 10 days before any custody hearing on the parties or their attorneys, and on the minor’s counsel if one is appointed, with a confidentiality notice as its first page. Read it as soon as it arrives, because ten days is not much time to prepare a response.

Is the 730 Evaluation Report Confidential?

Yes. Under Family Code Section 3025.5, the court keeps a report containing psychological evaluations of a child or custody recommendations in the confidential portion of the file. The court may disclose it only to the parties and their attorneys, certain court and law enforcement personnel, the evaluator’s licensing board, counsel appointed for the child, and others the court permits for good cause.

Family Code Section 3111 allows monetary sanctions, including attorney’s fees and costs, for an unwarranted disclosure. Never post the report online, share it with unauthorized people, or discuss it with your child.

How to Prepare for a 730 Evaluation

Knowing how to prepare for a 730 evaluation helps your strengths as a parent come through clearly.

9. Be honest and consistent. Evaluators are trained to notice exaggeration and contradictions. Acknowledge your own weaknesses and explain what you are doing to address them.
10. Keep the focus on your child. Focus on your child’s needs, routines, school, friendships, and health rather than spending most of your time criticizing the other parent.
11. Bring organized information. Prepare a short timeline, a proposed parenting plan, relevant records, and contact information for collateral sources who know your parenting firsthand.
12. Support the other parent’s relationship. Unless there are genuine safety concerns, show that you value your child’s relationship with the other parent.
13. Do not coach your child. Evaluators can usually tell when a child has been coached, and coaching can seriously damage your credibility.
14. Prepare your home. If a home visit is scheduled, make sure your home is safe, clean, and set up for your child.
15. Follow every court order. Your conduct during the evaluation period is part of what the evaluator observes, including how you communicate with the other parent.

Common Mistakes Our Attorneys See in Custody Evaluations

The family law attorneys at Wade Litigation guide parents through custody evaluations in courts across California, and the same avoidable mistakes keep coming up.

• Treating the evaluator like an advocate. The evaluator is neutral, and venting usually backfires.
• Missing appointments or paying late. Delays can be noted in the report as a lack of cooperation.
• Overloading the evaluator. Hundreds of pages of unsorted messages bury the important points. A concise, organized summary is more effective.
• Posting about the case online. Social media posts about the other parent or the evaluation can end up in the record.
• Waiting to read the report. With only 10 days of required notice, delay leaves little time to plan objections or line up a reviewing expert.

What Are the Signs of a Flawed Custody Evaluation?

Warning signs include an evaluator who spent far more time with one parent, skipped important collateral sources, ignored records you provided, made recommendations about someone never evaluated, or left out information that cuts against the conclusions. Factual errors and recommendations that do not follow from the data are also red flags.

Family Code Section 3111 states that the court may consider an evaluation only if it complies with the Judicial Council’s standards, although minor, nonsubstantive errors do not disqualify a report. A careful comparison of the evaluator’s work against rule 5.220 is often the starting point for a challenge.

How Do You Object to or Cross-Examine a Custody Evaluator?

An evaluation is a recommendation, not a final decision. If you believe the evaluation is incomplete, biased, or wrong, you have several options:

• Depose the evaluator. Your attorney can question the evaluator under oath at the hearing about the methods, data, and basis for each recommendation.
• Cross-examine at the hearing. You can call the evaluator to testify, and both parties can cross-examine.
• Retain a reviewing expert. A separate qualified professional can review the evaluator’s methods and testify about departures from accepted standards.
• Present additional evidence. You can offer evidence the evaluator did not consider, such as school records or more recent events.
• Use local procedures. Each court must have a local rule for complaints about evaluators, and some allow an early peremptory challenge.

Because judges generally respect the evaluator’s neutral role, strong objections focus on concrete issues and the evidence supporting them, which may require formal discovery. Our article on divorce discovery in California explains the tools available.

Is a Custody Evaluation Worth It?

It depends on what is in dispute. An evaluation is often worth the time and cost when there are serious safety concerns, a proposed move, or allegations of alienation that the court cannot otherwise test. It may be less useful for a narrow disagreement, such as a holiday schedule, that mediation or negotiation could resolve. A partial evaluation is often a sensible middle ground.

Frequently Asked Questions

Can I refuse a 730 evaluation in California?

If the court orders an evaluation, you must participate, and refusing can seriously hurt your position. If you have concerns about the evaluator or the scope, raise them with the court through your attorney instead.

Will my child have to talk to the evaluator?

In most evaluations, yes, although the approach depends on the child’s age and maturity. Evaluators must explain the process in an age-appropriate way and should not pressure a child to state a preference. Never coach your child or ask what the child told the evaluator.

Does the judge always follow the evaluator’s recommendations?

No. The judge considers the recommendations along with all the other evidence and makes the final decision. Recommendations are often influential, especially when the report is thorough and balanced, but they can be challenged through cross-examination, a reviewing expert,t and additional evidence.

How much does a 730 evaluation cost in California?

The cost varies widely because private evaluators usually bill by the hour. The scope of the order, the number of people interviewed, psychological testing, the volume of records, home visits, and any testimony all affect the total. The court decides how to divide the cost between the parents and considers each parent’s ability to pay.

What is the difference between a 3111 and a 730 evaluation?

Both are court-ordered custody evaluations governed by California Rules of Court, rule 5.220. A Family Code 3111 evaluation follows specific statutory rules, including serving the report at least 10 days before the hearing and providing a confidentiality notice. A 730 evaluation uses the court’s general power to appoint an expert, who becomes the court’s witness and can be called and cross-examined by either party.

Can a 730 evaluation be appealed?

Not directly. An evaluation is a recommendation, not a court order, so you can challenge it before the judge rules through objections, deposition, cross-examination, a reviewing expert, and additional evidence. Custody orders can sometimes be appealed, but appeals are limited and appellate courts give trial judges broad discretion, so building a strong trial-court record matters most.

Talk With a California Child Custody Attorney Before Your Evaluation

A 730 evaluation in California can shape where your child lives and how much time you spend together for years to come, so preparation matters. Wade Litigation was founded by Amiel Wade, who was named one of California’s Top Ten Family Law Attorneys by the National Academy of Family Law Attorneys, and the firm serves families from offices across the state, including Los Angeles, Irvine, San Diego, San Francisco, Sacramento, Los Gatos, and Redondo Beach.

Our child custody attorneys help parents decide whether to request an evaluation, prepare for interviews and home visits, review reports line by line,e and challenge recommendations the evidence does not support. Our overview of child custody in California, our California child custody guide,de and our article on modifying custody in California cover the bigger picture. Learn more about our family law services, or contact Wade Litigation today to schedule a free case evaluation.