San Bernardino & Riverside 730 Evaluations
A 730 evaluation usually comes up during a divorce proceeding when both parties are unable to come to an agreement regarding who should have primary physical custody of the minor children. The 730 evaluation comes about when either party requests one and/or when a judge wants further information pertaining to the households of each party and orders one. Because 730 evaluations can have a big impact on both parties and their children, it is important that both parties discuss their particular situation with a skilled family law attorney beforehand. At the San Bernardino/Riverside Family Law Office of Michael R. Young, APC, we have handled thousands of divorce and custody dispute cases. Mr. Young strives to ensure that all of his clients receive only the best possible legal representation in a compassionate, yet aggressive manner. For more information on how the San Bernardino/Riverside Family Law Office of Michael R. Young, APC can help you with your family law matter, contact us today!
What Exactly is a 730 Evaluation?
Also known as a child custody evaluation, a 730 evaluation is best described as an in-depth analysis of each family member and any prospective member of the family, including minor children, as well as the relationships among them within the context of which parent is best suited to be granted primary physical custody. 730 evaluations are specific to California as the number “730” refers to California’s Evidence Code Section 730.
The 730 evaluation is conducted by a court-appointed “evaluator” whose intent is to determine what would be in the “best interests of the child(ren).” Generally, 730 evaluations consist of several interviews (sometimes taking weeks and even months) with all of the adults involved with the child(ren), including parents, step-parents, live-in grandparents, and any other relative who plays a key role in the child(ren)’s life. The children are interviewed as well. In addition, it may also involve psychological testing on these same individuals. The psychological testing is conducted in order to find out about the different personalities of each person and the family dynamics, as well as potentially to uncover any mental health or parenting problems. With very young children, the interviews are generally conducted as play sessions. It should be noted that in some California jurisdictions, a “mini-evaluation” may be ordered, rather than a full 730 evaluation. Some courts will issue such an order in an effort to try to speed things up or to find an answer to a particular question. Caution should be taken if the court orders such an evaluation as there are any number of issues that may arise that would benefit better from having a full 730 evaluation conducted rather than a mini-evaluation.
After the evaluator concludes his/her investigation, he/she will summarize the findings, detail how the investigation was conducted, and make certain recommendations to the court based on what he or she believes would be in the best interests of the child(ren). The evaluator can be called into court to testify, defend, or provide an explanation as to his or her recommendations. (Note that in some instances, the court may ask the evaluator to investigate a little more.) The information, findings, and recommendations made by the evaluator are given great consideration. However, the court has the ultimate authority as to ordering who should have primary physical custody and how the visitation schedule should be.
Should you have any questions or need further information about 730 evaluations or any other family law matter, contact the San Bernardino/Riverside Family Law Office of Michael R. Young, APC today.
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