If you are in a California custody case, there is a good chance you first heard the phrase in a hallway outside a courtroom: "The judge is ordering a 730." Few phrases produce more anxiety with less explanation. This guide covers what a 730 evaluation actually is, where the number comes from, who the evaluator works for, and — most importantly — what you can do to move through the process well.
Where the name comes from: Evidence Code section 730
A 730 evaluation takes its name from California Evidence Code section 730, the statute that lets a court appoint a neutral expert whenever expert evidence "is or may be required." The statute is not limited to family law — courts use it in many kinds of cases — but in custody litigation it has become shorthand for a court-appointed child custody evaluation.
In custody matters, the evaluation itself is governed by California Rule of Court 5.220, which sets out what a child custody evaluator must do: define the scope with the court, use multiple methods of gathering data, maintain neutrality, and document the work. A related statute, Family Code section 3111, covers the court's authority to order a child custody evaluation and how the resulting report is handled.
Two practical points follow from that legal structure:
- The evaluator is appointed by the court, not hired by a parent. Even when the parties split the cost, the professional's client is the court.
- The evaluation has a defined scope. The order says what question the evaluator is answering. A careful evaluator will not wander beyond it.
Who the evaluator works for — and why neutrality protects you
Parents are sometimes told, usually by someone trying to be reassuring, that an evaluator can be "on your side." That is not how a 730 evaluation works, and you should be glad it isn't. An evaluator who slanted findings toward whoever paid would be worthless to the court — and if the other parent had hired that evaluator, worthless to you.
Neutrality is what gives the report its weight. What you are entitled to count on is a fair process: methods that meet professional standards, your perspective genuinely heard, your child assessed with appropriate tools, and conclusions drawn from evidence rather than first impressions. When parents ask me how to "win" an evaluation, my honest answer is that the goal is different — the goal is for the court to finally see an accurate picture of your family. If the accurate picture supports your position, the evaluation is how the court finds that out.
What the 730 evaluation process looks like
Every case differs, but a comprehensive custody evaluation in California typically includes:
- The order and appointment. The court issues an order naming the evaluator and defining the scope — sometimes a full evaluation of both households, sometimes a focused question such as a parenting-plan dispute or a relocation request.
- Retention logistics. Fees, scheduling, and document lists are confirmed. The court decides how the cost is allocated between the parents.
- Interviews and testing. Each parent is interviewed, usually more than once. Standardized psychological testing is common. Children are seen with age-appropriate methods, and evaluators frequently observe each parent with the child.
- Collateral information. Records — school, medical, court filings — and interviews with people who know the family round out the picture, so no single account decides anything.
- The report. Findings go to the court and the parties as the order directs. Under Family Code section 3111 the report is confidential, and its distribution is tightly controlled.
Timelines vary with scope, records volume, and how quickly both households schedule. A focused evaluation moves faster than a comprehensive two-household evaluation; either way, the timeline should be discussed candidly at the start, and court dates should be raised in the very first call.
How to prepare for a 730 evaluation
After conducting and reviewing these evaluations, the advice I give parents is consistent:
- Be on time and be yourself. Evaluators expect nervousness; it is never held against you. Rehearsed answers read as rehearsed.
- Bring complete records. Court documents, school records, medical records — whatever the evaluator requests, completely. Accurate findings are built on complete information.
- Answer the question asked. "I don't know" and "I don't remember" are acceptable answers. Guessing is not a strategy.
- Do not coach your child. Children are interviewed with methods designed for their age, and coaching is usually detectable. It tends to hurt the coaching parent, and it always puts the child in an unfair position.
- Keep criticism of the other parent factual. You will be asked about the other parent. Describe events, not character. Evaluators distinguish between a parent reporting a concern and a parent campaigning.
- Route strategy questions to your attorney. The evaluator cannot advise you. Logistics questions — scheduling, what a session involves — are always fair to ask the office directly.
When a child's autism or ADHD is part of the case
One situation deserves special mention. When the child at the center of a custody dispute is autistic, has ADHD, or carries another neurodevelopmental profile, the evaluator's clinical training matters enormously. Behaviors that are ordinary features of a neurodevelopmental condition — distress at transitions between households, atypical eye contact, rigid routines — can be misread as evidence about parenting when the evaluator lacks assessment depth in that population.
If that describes your case, it is legitimate for counsel to raise the evaluator's assessment background with the court, and it is the reason my own practice pairs forensic training with a clinical specialty in neurodivergent assessment. The parenting plan the court adopts should fit the child who actually exists.
Common questions parents ask
Does a 730 evaluation mean the judge thinks something is wrong with me? No. Courts order evaluations because two competing declarations do not give them enough information. It is an information-gathering tool, not a verdict.
Is what I say confidential? Not in the way therapy is. Findings go to the court and the parties named in the order. A responsible evaluator explains exactly who will read the report before the evaluation begins.
Can I bring my own expert? Through counsel, yes — parties sometimes retain a separate expert to review an evaluation's methodology under Rule 5.220. That reviewing expert plays a different role than the court's appointed evaluator.
Who pays for it? The court allocates the cost, commonly splitting it between the parents, and can adjust the split based on the parties' circumstances.
The bottom line
A 730 evaluation is the court's way of replacing two competing stories with evidence. The parents who fare best are the ones who treat it that way: honest, prepared, focused on their child rather than the contest. If an evaluation has been ordered in your case — or your attorney is weighing one — the For Families guide on this site walks through the process step by step, and my office answers logistical questions directly at (562) 794-3412.
This article is educational and general in nature. It is not legal advice, and it is not a substitute for consultation with your attorney about your specific case.