A 730 exam — formally called a child custody evaluation under Evidence Code section 730 — is a court-ordered evaluation conducted by a neutral mental health professional to assist the court in making custody and visitation decisions. The 730 mental health evaluation is one of the most significant tools available in high-conflict custody cases, and understanding what it involves, how a 730 expert is selected, and how results are used helps parents prepare effectively.
What Is a 730 Exam in California?
The 730 exam takes its name from California Evidence Code section 730, which authorizes courts to appoint expert witnesses to investigate and report on issues that require specialized knowledge. In family law, courts use the 730 exam to evaluate custody and visitation disputes when the parties' competing accounts of parenting fitness, child welfare, domestic violence, substance abuse, or mental health cannot be resolved without independent professional assessment.
A 730 expert is typically a licensed psychologist, licensed clinical social worker, or other credentialed mental health professional with specific training in child custody evaluation. The court appoints the evaluator by stipulation of both parties or by court order when the parties cannot agree.
What the 730 Mental Health Evaluation Covers
The 730 mental health evaluation is comprehensive. A thorough 730 exam typically includes: clinical interviews with both parents; clinical interviews with the child, using age-appropriate techniques; psychological testing of the parents and sometimes the child; review of relevant documents including prior court orders, CPS records, school records, and medical records; interviews with collateral contacts such as teachers, therapists, and extended family members; and home visits to observe each parent's home environment.
The evaluator assesses each parent's parenting capacity, the parent-child relationship, the child's developmental needs, any history of domestic violence or substance abuse, and the child's expressed preferences when age-appropriate. The 730 expert then prepares a written report with findings and specific recommendations for custody and visitation.
How Courts Use the 730 Evaluation
The 730 exam report is submitted to the court and both parties. Either party can cross-examine the evaluator at trial and challenge the methodology or conclusions. Courts give significant weight to 730 evaluations but are not bound by the recommendations — the judge makes the final custody determination. However, evaluations that are thorough, well-documented, and based on sound methodology are difficult to overcome without compelling counter-evidence.
Cost and Timeline of a 730 Evaluation
A 730 custody evaluation in Orange County or Riverside County typically costs between $5,000 and $15,000 or more, depending on the complexity of the case, the number of children, and the evaluator's hourly rate. Courts can allocate the cost between the parties. The evaluation process typically takes three to six months from appointment to final report, which can significantly extend the timeline of a contested custody case.
Furubotten Law, APC helps clients prepare for 730 evaluations and challenge unfavorable results throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.