Psychological Evaluations In Family Law Cases In California
Divorce and custody issues can be emotionally draining. In many of these cases, the stress can take its toll on the entire family and may affect how well a parent can take care of their child. When it comes to determining child custody, the court always wants to do what’s best for the child, so one of the things the judges may consider is how mentally fit the parents are.
A child might not be safe with a parent who is not emotionally stable and can’t give them the love and care they need. To make sure the child is well-cared for, the court might order a psychological evaluation of the parents.
What is a 730 Evaluation?
A 730 Evaluation, also known as a psychological evaluation, is used to assess the mental health and parenting abilities of parents involved in child custody disputes in California. The main goal of a 730 Evaluation is to help the court make informed decisions about custody and visitation arrangements that serve the child’s best interests.
The term “730 Evaluation” comes from California Evidence Code Section 730, which allows the court to bring in an expert to investigate when specific details are needed to resolve an issue. In family law cases, the expert is usually a psychologist, psychiatrist, or qualified social worker who specializes in family matters.
Here’s how the process works:
Court order: A parent or the court requests a 730 Evaluation, and the court assigns an evaluator to conduct the assessment. The court may provide guidelines on what the evaluator should focus on; for example, if there are concerns about one or both parents struggling with substance abuse or if there are allegations of a parent having anger management issues or a history of aggressive behavior, the court may instruct the evaluator to investigate this issue specifically and how it might impact their ability to care for the child.
Choosing the expert: The court picks an evaluator, or the parents may agree on a neutral expert. Sometimes, each parent hires their own evaluator, but the court decides which evaluator’s findings to use.
Gathering information: The evaluator collects data using various methods, including:
- Interviews with the parents, the child, and any relevant third parties (like teachers, therapists, or family members)
- Psychological tests for the parents and, sometimes, the child
- Observations of how the parents interact with the child
- Reviewing important documents, such as school records, medical records, and previous court reports
Analysis: The collected data is studied by the evaluator to assess the parents’ psychological fitness. They will keep the child’s best interests in mind when making recommendations.
Report preparation: The evaluator writes a detailed report outlining their findings and suggestions for custody and visitation. This report goes to the court, and copies are given to both parents and their attorneys.
Court hearing: The court sets a hearing to review the evaluator’s report and consider their recommendations. At the hearing, both parents can present their arguments, question the evaluator, and provide additional evidence.
Court decision: Based on the 730 Evaluation report, the evidence, and the parents’ arguments, the judge makes a decision about child custody and visitation.
How Does the Psychological Testing Work?
In 730 Evaluations, psychological testing is used to check the mental state and parenting abilities of the parents involved in a custody dispute. The testing can also be conducted on the child to evaluate any potential behavioral issues.
For Parents
For you and your co-parent, the evaluator will use different tests to uncover any mental health issues, personality traits, or other factors that could affect your parenting skills. Basically, the evaluator will want to get a deeper understanding of your thought patterns and emotional well-being. So, you might be asked to take some tests like:
- Personality assessments, such as the Minnesota Multiphasic Personality Inventory (MMPI) or the Millon Clinical Multiaxial Inventory (MCMI). These can help the evaluator understand the parent’s personality traits, coping mechanisms, and potential psychological issues.
- Projective tests, like the Rorschach Inkblot Test or the Thematic Apperception Test (TAT), which can provide insight into the parent’s unconscious thoughts, emotions, and psychological functioning.
- Parenting skills assessments, which are designed to evaluate the parent’s knowledge of child development, discipline techniques, and general parenting style.
For Children
If the evaluator believes it’s necessary, they may also test the child to understand their feelings, growth needs, and any behavior issues. This helps the evaluator know what the child is going through and decide the best custody arrangement for them. These tests can include:
- Tests to check the child’s intelligence and find any learning difficulties
- Assessments to spot problems like anxiety, depression, or behavior issues that need extra help
- Tests similar to the ones given to the parents, to learn about the child’s feelings and mental well-being
The results of these tests, along with other information from the 730 Evaluation (like interviews and watching how the family interacts), help the evaluator understand the family’s situation, the child’s needs, and how well each parent can take care of those needs. The evaluator uses this information to recommend the best custody and visitation arrangements for the child’s well-being.
How to Prepare for a 730 Evaluation?
To do well on a 730 Evaluation, you essentially have to show that you’re the best parent for your child’s needs. Here’s how you can do that:
Stay calm: Keep a positive attitude throughout the process. This shows the evaluator that you can handle stress and remain focused on what your child needs.
Be honest: Answer all questions truthfully during interviews and tests. Honesty demonstrates your commitment to your child and helps build trust with the evaluator.
Cooperate: Show respect and be cooperative during your assessment. This indicates you want what’s best for your child and are ready to work with the experts.
Be organized: Collect and present important documents about your child’s care, such as medical records, school reports, and therapy notes. This helps the evaluator understand what your child truly needs and your involvement in their life.
Focus on your child: Keep the focus on your child and how you can provide a nurturing environment for them. Discuss your child’s specific needs and your parenting strengths.
Prepare for visits: To demonstrate that you can provide a stable and loving home for your child, keep the home safe, clean and child-friendly.
Protect Your Child's Best Interests with Our Dedicated Child Custody Lawyers in Orange County
Facing the challenges of family law cases in California can feel daunting, especially when your child’s future hangs in the balance. If you think a 730 Evaluation might be the key to unlocking a fair custody outcome, the formidable and seasoned Orange County, CA child custody attorneys at Werno Family Law Solutions will stand by your side.
Our knowledgeable legal team is well-versed in the nuances of psychological evaluations. We can walk you through the 730 Evaluation process, break down the results, and create a customized plan to present a compelling case in court. Call us today at 714-942-5932 or complete this form to schedule a free and confidential consultation with us.