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What Is a 730 Custody Evaluation and What Should You Do Next?

A 730 child custody evaluation is ordered when there's a need to look into someone's mental health and parenting practices during a custody battle.

Who is Responsible for Requesting a 730 Evaluation?

It can be ordered independently by the family court judge or it can be requested by one of the parties involved in the case. While they can be broadly aimed, a 360 evaluation often focuses on specific issues— you can generally expect that your mental health and your fitness as a parent is being brought into question.

For many parents, this is a nightmare that results from doing the "right thing" in the first place. For example, if you seek help for depression—which could be entirely understandable when going through a custody battle—you could end up facing a 730 evaluation because your child's other parent or grandparent who wants custody, seized on that information and used it to allege that you're too mentally unstable to be raising your child.

Could seeking help for a mental illness cost you the custody of your children?

Many parents ask- Aren't you supposed to try to deal with mental health issues in order to be a better parent? The short answer to these questions are, unfortunately, "Yes." If you let a mental health issue go untreated and it affects your parenting skills, you could lose custody based on poor parenting. If you get treatment for your problems, that usually means a formal diagnosis, which can then be used against you in court to allege that you're too mentally ill to be given custody in the first place.

What's the best way to handle a 730 evaluation?

  1. Remain calm. As difficult as it may be, a calm reaction helps your case. An angry, exasperated or indignant reaction, no matter how justified, just helps your opposition.
  2. Consult with both your mental health expert and your attorney. Do not discuss the evaluation, your therapy, your mental illness, or any changes in your diagnosis with anyone unless your attorney tells you it's okay. You don't want information leaking back to the other party in the case—the less that he or she knows, the better.
  3. Be cooperative with the evaluation process. Recognize that it's going to take some time and be intrusive, but keep in mind that it is only one factor among many that the judge will use to make his or her decision.

For all complex family law matters, the law office of Joel S. Seidel & Associates are experienced in dealing with your specific situation. Our dedicated attorneys will handle your case with passion and confidence in order to get you the case results that you and your child deserve.


For case consultation, contact our experienced San Fernando Valley Divorce Attorney at (818) 435-3773.