What is a 730 Evaluation?

What is a 730 evaluation? Usually a "730 Evaluation" is an evaluation conducted on one or both parents seeking custody or visitation rights in a custody case. This evaluation will determine the capacity or ability a parent has to raise or visit with their child. If there are questions pertaining to a parent or both parents for unstable mental health problems, child abuse, substance abuse, and other situations then a 730 Evaluation is ordered. Once the evaluation is complete, the report is forward to a court evaluator, who in turn accepts this report or rebukes it. It is imperative to have form and function in a 730 Evaluation to make sure the evaluation has met the qualifications and criteria that the court accepts.

Who orders a 730 Evaluation?

A 730 Evaluation can be ordered or requested by a judge or by either party in a custody case. The lawyers and parties involved will agree to this evaluation.

Who performs the court ordered evaluation?

A qualified mental health practitioner conducts a custody evaluation. Usually a psychologist does this because they are able to score and interpret psychological tests, whereas a psychiatrist is not trained in the area of psychology. The results of the testing may require or suggest the need for a psychiatrist for medication management, if the results signify that need.

How is a 730 Evaluation conducted?

A psychologist who performs this evaluation must meet the criteria through screening and qualifications that the court approves. The court recommends a court-appointed psychologist, but if approved by a judge, an outside psychologist may conduct the evaluation if all the qualifications are met, and the judge will allow this to be used in the custody case. The psychologist who performs the 730 Evaluation will only conduct the psychological outcome from the parent or parents evaluated. They will in turn, give the final report to the courts. The report will not give a recommendation for custody or any other proposal concerning the custody battle. The court evaluator will make a recommendation for custody or visitation rights and forward this to the judge.

Some attorneys will fight for an evaluator not on the court panel and push for evaluators in the community. This is a battle within a battle because the courts usually want the evaluator to be someone already affiliated or approved of by the courts.

What happens after a 730 Evaluation?

After the evaluation is conducted, both parties and their attorneys will determine if the results are acceptable. If so, the judge will then take the report and determine if it is valid or acceptable. The judge will make a decision that may or may not weigh in on the custody battle. Some judges rely heavily on the report, while others may not. In a strong case of allegations of child abuse, substance abuse, or other child endangerment, then it is highly likely that a judge will give the 730 Evaluation heavy weights in determining custody or visitation rights.

Is the report conclusive?

The judge is concerned about the best interest for the child or children, so the judge will be certain to compare the report with evidence. Remember, this is the court system and evidence takes priority. Whether the report is considered evidence is up to the judge.

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