The Law Office of David C. Stone has a philosophical view that a 730 evaluation is the best means to determine custody and visitation arrangements when there are issues of mental illness or high conflict between the parties.
A 730 evaluation is pursuant to Evidence Code §730 and then, pursuant to the evidence code and requirements found in the Family Code a 730 evaluator is appointed. The 730 evaluator will evaluate the parties, interview the minor children and receive information from collateral sources. After the 730 evaluator has completed their evaluation, a report will be created and served on the parties 10 days prior to the hearing.
A 730 evaluation can be stipulated by the parties, ordered by the court after a noticed motion, or upon the court’s own motion. Once the evaluation is ordered and the fees are paid, the evaluation commences and normally requires three to five months to complete.