In a custody dispute, a family law court can order a therapist to evaluate both parents, the children, and the parents’ living environment to determine the best interests of the minor children. In family law, this is often referred to as a 730 evaluation, because it is based on Evidence Code section 730.
After a therapist analysis the best interest of the children, the therapist recommends a parenting plan to the court. Although the court is not obligated to follow the recommendation, it will usually follow it. The cost of the evaluation can vary depending on the factors involved and the issues the therapist analysis. The court can order one or both parents to pay for the 730 evaluation. If the court orders one parent to pay for the evaluation, it is likely that the court will reserve jurisdiction to reallocate the cost to both parents at a later date. Ultimately, both parties can be required to pay a portion of the evaluation.
Evidence Code section 730: When it appears to the court, at any time before or during the trial of an action, that expert evidence is or may be required by the court or by any party to the action, the court on its own motion or on motion of any party may appoint one or more experts to investigate, to render a report as may be ordered by the court, and to testify as an expert at the trial of the action relative to the fact or matter as to which the expert evidence is or may be required. The court may fix the compensation for these services, if any, rendered by any person appointed under this section, in addition to any service as a witness, at the amount as seems reasonable to the court. Nothing in this section shall be construed to permit a person to perform any act for which a license is required unless the person holds the appropriate license to lawfully perform that act.
If you need a divorce lawyer in the Orange County area to discuss a family law matter such as custody or any other dissolution issue such as spousal support, child support, transmutation or property division, contact Treviño Law, Inc. Conveniently located off the 5 and 405 freeway at Lake Forest.
Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.
Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.