When parents cannot agree on a custody arrangement and mediation fails, a California family court may order a child custody evaluation under Family Code section 3110 — commonly called a "730 evaluation," after the statute. The evaluator's recommendations carry enormous weight with the judge. Understanding how the process works, what the evaluator considers, and how to prepare your exhibits can substantially affect the outcome of your case.
Who Conducts the Evaluation
Most 730 evaluations are conducted by licensed psychologists, clinical social workers, or marriage and family therapists with specific training in forensic custody work. Some jurisdictions maintain lists of approved evaluators; others allow the parties to nominate an evaluator subject to court approval. The evaluator should be neutral — they are not advocating for either parent, and they should not have a prior relationship with either party or the child.
The evaluator is appointed by the court, paid by the parties (typically in proportion to income or as the court orders), and produces a written report with recommendations for custody and visitation. The judge gives significant weight to the evaluator's recommendations, although the judge is not bound to follow them.
How the Process Unfolds
A 730 evaluation typically takes two to six months, depending on the evaluator's caseload and the complexity of the case. The evaluator will conduct interviews with each parent individually, observe each parent with the child, interview the child (if age and maturity allow), review documents, and sometimes interview collateral sources such as schoolteachers, medical providers, or therapists.
The evaluator may also conduct psychological testing of one or both parents. Testing typically covers personality structure, mental health symptoms, parenting capacity, and conflict management style. Home visits are common in some jurisdictions — the evaluator may visit each parent's home to assess the living environment the child would experience.
What the Evaluator Considers
The evaluator's overarching task is to determine what custody arrangement serves the child's best interest. Within that framework, the evaluator considers a wide range of factors: each parent's capacity to meet the child's physical and emotional needs, the quality of each parent-child relationship, each parent's ability to support the child's relationship with the other parent, stability of each home environment, and any history of abuse, neglect, or substance use.
Less obvious factors also matter. The evaluator assesses how each parent handles conflict, whether each parent has supported the child's developmental needs, how each parent has involved the other in the child's life (or undermined that involvement), and the parents' willingness to follow court orders. These observations often carry more weight than any single dramatic incident.
The Child's Voice
Depending on age and maturity, the evaluator will interview the child directly. In California, children 14 and older can typically express a custody preference; younger children can also be heard, with the evaluator interpreting the child's wishes in light of developmental understanding. The evaluator's role here is delicate — they want to hear the child without leading or pressuring, and they want to assess whether the child's stated preferences reflect genuine considered views or temporary alignment with one parent.
Parents should not coach the child about what to say. Evaluators are trained to detect rehearsed answers, and coaching can seriously damage a parent's credibility. Encourage the child to speak honestly with the evaluator; resist the urge to prepare the child for particular questions.
Recommendations
At the end of the process, the evaluator produces a written report with findings and recommendations. Recommendations typically address legal custody, physical custody, visitation schedule, holiday and vacation arrangements, child exchange procedures, and any recommended co-parenting services or therapy.
The recommendations are just that — recommendations, not orders. The judge reviews the report but makes an independent determination. Either party can challenge the report by filing objections, presenting alternative evidence, or requesting a hearing where the evaluator can be questioned about their findings.
Preparing Your Exhibits
Documentation is essential. The evaluator cannot rely solely on what each parent says; they want to see the record. Prepare a binder or organized set of materials that includes: communication logs showing cooperative or conflictual patterns, school records showing attendance and parent involvement, medical records documenting the child's needs, calendars demonstrating time spent with each parent, and any relevant evidence of concerns about the other parent.
Keep exhibits organized by issue rather than by date. If your concern is the other parent's failure to communicate about the child's medical care, group those communications together. If your concern is the child's school performance, group those records separately. Evaluators have many cases; clear, well-organized exhibits make your position easier to assess and more memorable.
Behavioral Standards During the Process
How you behave during the evaluation matters as much as what you submit. Be on time for appointments, be respectful with the evaluator, be honest in your responses, and avoid any conduct that could be characterized as obstructive. The evaluator's notes about your demeanor and cooperation become part of their report.
Also maintain your normal parenting conduct during the case. Do not alter visitation, change schools, or relocate during evaluation without court approval. Do not speak negatively about the other parent in front of the child. Do not introduce the child to a new partner prematurely. The evaluator is watching for these behaviors, and the judge will weigh them heavily.
After the Report
Once the report is filed, both parties have an opportunity to review it and to file objections. Many cases settle after the report is filed, since both sides now have a clearer picture of how the court is likely to rule. If the case does not settle, the recommendations become a central feature of the contested hearing.
Objections to the report should be specific, supported by evidence, and focused on the evaluator's methodology or factual basis. Generic disagreement with the conclusions rarely carries weight. Statements you made to the evaluator cannot be retracted; honesty throughout the process is your best protection.
Working with an Attorney
730 evaluations are among the most consequential events in a custody case. An experienced family law attorney can help you prepare your exhibits, advise you on conduct during the process, and represent you at the hearing where the report is considered. Even a few hours of attorney preparation before the evaluation begins can yield substantial benefits.
CaseVault helps you centralize the communications, records, and dated incidents that form the exhibits in a custody evaluation — so when the evaluator asks for documentation, your record is complete and organized.