730 Custody Evaluation in San Luis Obispo, CA
Due to its limited scope, these recommendations do not apply to assessments conducted in other settings (e.g., child protection cases). Additionally, the recommendations provide a clear difference between the forensic assessments and the guidance and assistance provided by psychologists to families, children, and adults throughout psychotherapy and counseling.
A custody arrangement may often be reached without going to court. If parents can’t agree on custody, a judge can mandate one. A custody evaluator can assist a court in determining what is best for the child. Seeking the help of an experienced child custody lawyer who will fight for you and your child’s rights are essential if you’re dealing with child custody evaluations in California.
Get help from a reliable San Luis Obispo child custody evaluations attorney today!
Why Are Child Custody Evaluations Necessary?
To Determine the Child's Psychological Well-Being
Psychologists go through a comprehensive clinical training program that prepares them to examine a person’s psychological well-being. When evaluating child custody, psychologists must explore aspects related to the kid’s psychological well-being since the court will use these factors to develop its findings and make a judgment.
To determine what’s best for the child’s psychological best interests, psychologists take into consideration the following:
- Family dynamics
- Cultural and environmental variables
- Individual difficulties and aptitudes, and
- The child’s educational, physical, and psychological requirements.
To Protect the Child's Welfare
During the examination, psychologists aim to determine what is best for the child. They may recognize the parents’ wishes, but those are subordinate to the child’s needs.
To Determine Parenting Attributes and Resulting Fit
Courts value clinically insightful and scientifically competent contributions of psychologists to legal matters. Concerns about parenting, the child’s needs, and the resultant fit are critical factors in the court’s decision-making. The best assessments focus on parental abilities, deficiencies, values, and inclinations.
Based on these assessments, the court will determine who will receive custody of the child.
What Happens in a Child Custody Evaluation?
Child custody evaluations need general clinical competence in children, adults, and families. They must have contextual awareness, forensic integration, testing, and interviewing skills. Before completing a child custody evaluation, psychologists ensure they have the knowledge, skills, experience, and education in conducting child custody evaluations.
The Importance of an Unbiased Custody Evaluation
Professional standards and guidelines emphasize the need for psychologists to be unbiased. They need to be conscious of their own and others’ prejudices in
- Gender and sexual preference,
- Race, ethnicity, and national origin,
- Language and culture,
- Impairment, and
- Socioeconomic position.
Biases and a lack of culturally competent understanding are likely to impede data collection and interpretation, forming inaccurate views and recommendations.
If you have concerns regarding child custody evaluations in California, seek the help of a reliable child custody evaluations attorney. We can help you achieve the best outcome for you and your family.
How To Choose Your Evaluator
A court may appoint a custody evaluator to your case, or you and your spouse may choose one. In many instances, your divorce lawyer may suggest a competent custody evaluator for your custody mediation.
Whether you choose an evaluator or the court suggests one, you should ask your lawyer for background information. Your lawyer may be able to inform you about previous encounters with the evaluator or the evaluator’s preference for mothers over fathers.
Ask your San Luis Obispo family law attorney whether the evaluator can handle specific situations like assessing custody for a child with physical disabilities. It would be best to challenge the assessor directly since you don’t want to do anything that may harm your impression.
Child Custody Evaluation Report
Before the report is filed, discuss any concerns with your counsel immediately if the evaluator appears to favor your spouse or asks improper questions. References made after the report may not be taken seriously by the court. You should consult with your child custody attorney after receiving the custody evaluator’s advice. You should consult your lawyer if the evaluation is negative. The custody evaluator’s recommendation may not serve your child’s best interests. It will be sent to you, your spouse, and the court. In the report, the following may be recommended:
- Visiting and time-sharing;
- Family or individual treatment suggestions;
- Resolving future family disputes;
- A parent’s difficulties, such as substance addiction or mental illness; and
- For extremely young children, the custody evaluation report may suggest a reevaluation
730 Child Custody Evaluations
A 730 Evaluation happens when a court hires an expert to help make a judgment. The court can appoint an expert under Evidence Code 730, which allows a family court to do so. We frequently encounter 730 Evaluations in disputed custody cases when one or both parents allege child abuse or where one parent seeks to relocate the children. To be appointed as an expert in a custody case, the expert must fulfill specific licensing criteria. Psychiatrists, psychologists, marital and family therapists, and social workers typically evaluate child custody cases. It must examine the children’s health, safety, and welfare by evaluating papers such as pleadings filed by either party, therapist letters, police reports, Domestic Violence Restraining Orders, or Civil Harassment Restraining Orders.
Besides the children, child custody specialists often interview their parents, significant others, teachers, and therapists. They may also watch the parent-child connection. In addition to interviewing both parents, they may psychologically evaluate each parent to identify personality, mental health, and parenting and co-parenting difficulties.
730 Report and Recommendations
730 Child Custody Evaluators compress all pertinent facts into a “730 Report and Recommendation”. These papers cover the expert’s conclusions on parental decision-making, parenting time, and creating boundaries for parents and significant others. Experts in family law evaluate both the “facts” and the technique employed by the expert in making recommendations to the Court.
730 Child Custody Evaluations frequently help resolve cases. Otherwise, specialists are summoned to testify. Interrogating the expert to bolster or discredit their testimony will take up a lot of time from both sides. A party can pay an outside expert (a 733 Evaluator) to evaluate and write a secondary report if they want the Court to ignore or dismiss the expert’s report entirely.
Instead of making recommendations, the 733 expert’s report criticizes the 730 expert’s conclusions. Seek the legal assistance of a trusted child custody attorney to help with your 730 evaluations in California today!
Consulting with a Child Custody Evaluations Attorney
The Court makes the last decision in child custody. When there are allegations of abuse, a move-away request, or serious co-parenting issues, a child custody expert can assist the court in making difficult custody decisions. We strongly encourage anybody involved in a custody dispute to consult with and hire a professional custody lawyer. In a custody dispute, you will also need a competent divorce lawyer who has handled child custody issues before. 805 Law Group’s child custody lawyers will fight for you and your child’s best interests.
But both parents aren’t always accountable for the child. The court will look into both guardians’ parenting competence, stability, and criminal background. The child’s wishes will also be considered. Our child custody lawyers can help the court perceive you and your circumstances favorably.