What is a 730 Child Custody Evaluation?
In order to find the right custody arrangement keeping the “best interest of the child” in mind, child custody evaluations are done. This child custody evaluation is often referred to as 730 child custody evaluation. It is called 730 evaluations since the respective section of the evidence code authorizes a judge to order such an evaluation.
What exactly is a 730 evaluation?
In California, the 730 evaluation is referred to as “an in depth study & analysis of the family, its members & the relationship between the members.” This evaluation is carried out by a court appointed evaluator. This is basically done to see, if the family which might be given the custody of the child has a suitable environment for the child to live in.
The evaluations are carried out over a period of time. This period can be a weeks or months. After the evaluation is done, the evaluator submits a report to the court with his recommendations. The court is inclined to accept his recommendation while delivering the judgment on the child custody case. The evaluator may be called by the court to testify, defend or justify the recommendations he has given or if required, the court may ask him to carry out further evaluations. The recommendations given by the evaluator is always given according to the “best interest of the child”.
The courts can also order a “mini evaluation” sometimes. This mini evaluation refers to a speedy fast track evaluation. It is done when the scope of evaluation is less or when the court wants to know the answer to a particular question.
Why 730 evaluations are ordered?
730 evaluations are ordered when the parents cannot decide on their own about what type of custody arrangements should be there. When they are bitterly opposed to the views of each other or when one parent cannot come to the court to present his/her side of the story. That is when the judge appoints an evaluator & asks him to find out about conditions prevailing in the respective families.
A 730 custody evaluation is ordered when;
- When both the parties and their attorneys agree to such an evaluation.
- Requested by one of the parties in the dispute & approved by the judge.
- Or when the judge feels an evaluation is necessary & orders one. In this case agreement of the parties is not needed. The judge can order an evaluation on his own if he thinks that it is needed.
What are the factors taken into account by the evaluator when deciding the “best interest of the child”?
There is no hard & fast rule for deciding this. The evaluator may take as many numbers of factors into account while deciding what is in the best interest of the child. He may look at the living condition of the house, the environment of the house, the personality of the family members, the relationship the family members share with each other, responsibility of the family members towards the child, financial condition of the family & many more. He does so interviewing each of the family members, by observing their behavior, by interviewing third parties, psychological testing, observing the relationship of the child with his/her parents etc.
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