Title: The 730 Evaluation (Part 1 and 2)

Author: Jessica St. Clair, M.F.T.

Date: Unknown

The 730 Evaluation (Part 1)

After months of negotiation and struggle, you and your ex-spouse are not able to solve the
custody issues resulting from your divorce. A 730 evaluation is being suggested by either your
attorney, a therapist or a friend. Exactly what is a 730 evaluation and what can you expect during
the process and afterwards? We'll address the first part of this question in this article and the
other parts in the next two articles.

The 730 evaluation is a study of the family, it's members and their relationship with the intent of
restructuring parental rights and responsibilities concerning their children. It is requested by the
parents or ordered by a judge when parties cannot decide on the best custody arrangements for
their child. One cannot simply go to court and present an individual side of the argument in hopes
of a ruling in one spouse's favor. There must be evidence to support a position and a judge, not
knowing the family, will depend on the opinion of a mental health professional to describe the
parties involved and the nature of their interaction. The evaluation usually includes a
recommendation for what would be "in the best interests of the children" and the court is inclined
to accept that opinion. The evaluator can be called into court to testify, either to defend or explain
the recommendations and sometimes, be ordered to conduct further study into the matter.

Evidence code §730 states:

When it appears to the court, at any time before or during the trial of an action, that expert is or
may be required by the court or a 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 that 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 the act
Qualified persons to conduct the evaluation include a Marriage, Family and Child Counselor, a
Licensed Clinical Social Worker and a psychologist. If there is any psychological testing to be
done, and there usually is, the professional must be qualified to administer and interpret the test.
(Thoughts on the nature and controversy surrounding testing follows in the next article).

So, lets say that you and your ex-spouse decide that you want an evaluation. Your attorneys
suggest a few names as possible evaluators. You should know that the court requires evaluators
to complete a course on domestic violence conducted by the Orange County Family Violence
Council. If you both can't agree on an evaluator that you think will be fair and impartial, the judge
will order you to go to one who has completed the training.

Now what? Guidelines for conducting the evaluation have been developed by many national,
state and local organizations creating rules related to the performance of custody evaluations. For
a listing of these organizations and a copy of the American Psychological Association "Guidelines
for Child Custody Evaluations in Divorce Proceedings" please contact JESSICA ST. CLAIR,
M.F.T., at 714 730 6130.

For the purposes of this article, the following is compiled, in part from those guidelines. They
would apply to any mental health professional conducing the evaluation. It is suggested that you
obtain the text of any guidelines before you begin your evaluation.
 • The Child's Best Interest is paramount.
• The evaluator must function as professional expert - that means not as a therapist or
mediator
• The evaluator must be neutral at all times. The focus of the evaluation is on parenting
capacity and the psychological and developmental needs of the child and the resulting fit.
• The participants are to be informed about the limits of confidentiality and disclosure of
information.
• Data gathering includes clinical interviews, observations and psychological assessments.
• One-sided evaluations concerning persons not seen are unethical
• Quality of service must not be dictated by fees.
• Evaluators are to avoid communications with only one attorney or the court on
substantive issues.
• It is expected that evaluator will possess at least a master's degree in a mental health
field and have considerable training and understanding of families , issues of divorce, and
child development and the court.

Testing for the 730 Evaluation (Part 2)

A 730 evaluation usually includes psychological testing. This information, together with interviews
and a complete history of the subject are used to describe the personality and characteristics of a
person. Testing results should only be part of the picture of a person, the evaluator must not over
interpret the data, rather use personal interviews and consistency of all data to formulate a
useable prediction of the parent and his or her ability to meet the needs of the child.

One test commonly used is the Minnesota Multiphasic Personality Inventory (MMPI) It is a 500
question test; the answers are organized into scales indicating truthfulness, personality
characteristics and mental health (actually illness and it was developed using mentally ill
patients). Another such test is the Millon. These two tests are similar and good rational should be
presented to justify using both measures. The Millon is useful in detecting personality disorders.
Findings directly correlate to the Diagnostic Statistical Manual used by mental health
professionals in describing or diagnosing their clients. There are many other tests that can be
used to round out the picture of a person, including the Beck Inventory. This measure determines
the degree of depression one might be suffering. Other tests address life style and problem
solving methods, flexibility, intellect and even knowledge of children and their developmental
stages. Again, all used to determine the best placement for children of divorce.

Testing plays only an important part in a custody evaluation in relation to the subject's current life
situation and along with other information gathered during the evaluation. Personal interviews
with friends and colleagues also aid in completing the profile of a person. Rules of inference apply
and the evaluator must look to where data is consistent before labeling a person based on a test
result generated by computer.

Even though testing is a standardized measure, sometimes the interpretations can be subjective.
For example, if you cry in the office over your divorce and later, one of the scales on a test
indicates that you have histrionic tendencies, you might find yourself labeled as one who cries
easily to get others to feel sorry for you, also, that you are melodramatic and self-centered which
may be misinterpreted as reasons to discount your concerns about your child's welfare. This may
be a situational emotional state and far from your normal way of being. Therefore, before
selecting an evaluator, be sure to discuss testing. There can be considerable cost involved in a
child custody evaluation so ask about the fees and what those fees include. Be sure the tests
selected fit your situation and that other data is included in your evaluation.

Contributing psychologists: Dr. William Lyon, Ph.D., Dr. Kyle Pontious, Ph.D, and Dr. Ira Gomian,
Ph.D.
The 730 Interview (Part 3)

This is our final article in our series about the 730 Evaluation. This one focuses on how to prepare
yourself for the process. Here are some tips taken from 'Preparing For You Custody Evaluation
published by The Association of Family and Conciliation Courts, 1992. For copies of their
pamphlet contact them at (608) 251-4001.

• Cooperate with your evaluator. Remember the evaluation is to determine the what is in
the best interest of your children.
• Separate your marriage problems from your parenting concerns. Do not use this time to
complain about the other person or process your divorce, rather verbalize what you think
would be best for your child.
• Don't look at the evaluation as a win/lose situation. Children need both parents and have
the right to love them both.
• Be open and honest with the evaluator.
• Ask the evaluator for referrals: counseling, reading material, help and classes,
• Keep your appointments, be on time.
• Organize school, health and other information for the evaluation.
• Make notes of questions you might have.

Of all these points, the one most difficult for parents is separating their divorce issues from the
custody situation. Additionally, many enter this evaluation to control the percentage of time spent
with each parent f or the purposes of determining the amount of child support payments.
Remember that your child needs both parents and has a right to love both of you. Sometimes
bringing a picture of your child and setting it on a nearby surface during conferences helps in
keeping the focus on him or her.

Base your life as a parent on the following points and your child Will benefit it, not only as a result
of the evaluation but from a healthy childhood.

1. Parents have a responsibility to eliminate conflict between them from their child's life.
2. Parents must support a relationship with the other parent to help their child do his best.
3. Parents must provide a safe and secure home for their child, eliminating emotional
turmoil and confusion due to the divorce.
4. Parents must attend to their child's changing needs, to grow with them and recognize
developmental stages.
5. Parents must maintain continuity in their child's life between school, family, activities and
friends.
6. Parents must put their child's needs first, a characteristic of involved parents. They will
provide strength and support to their kids in the wake of the tragedy of divorce.

Unfortunately, when our family dissolves, we cannot agree and must sometimes turn to
evaluators to decide how to best raise our children. But before you enter into the 730 evaluation,
consider the fact that most parents do not have to go to such extremes to provide for the present
and future of their precious children. They find a way to agree and provide for their kids. The
evaluation is gut-wrenching and expensive.

While sometimes necessary, it is the last resort for people who cannot act IN THE CHILD'S BEST
INTEREST.

Top Ten Ways to Prepare for a 730 Custody Evaluation

3. Compile a realistic assessment:
a. Of you: your attitude and reasons for requesting an evaluation
 b. Of your child: what are your child's needs? Familiarize yourself with your child's
developmental stage and current and future needs. Become familiar with "stage
of life" needs and evaluate how you can fit into your child's life.
c. Of your situation: why the divorce, how can you work as a parenting team and
what would make that easier
4. Face facts: What is the best custody arrangement you can expect given the laws of your
state? In California for example, it is 50%-50% unless there is a good reason to have it
otherwise. And, by the way, most evaluators will find some arrangement that is about the
same as 50/50.
5. Separate personal from practical: if this is a personal attack on your ex, you will spend
thousands of dollars to get 50/50 custody. The only effectiveness of your attack will be to
waste the ex's money along with yours.
6. Interview the evaluator-as for references, ask to see a copy of a previous evaluation, ask
the tests that evaluator will use and do not settle for a "mini-evaluation" that does not
utilize test instruments.
7. Find out what your recourse is if you disagree with the evaluator's findings.
8. Involve a mediator or manager as you go through the process to help you organize your
information and presentation of your view of the situation
9. Create a budget: most lawyers and evaluators will produce results only when the bottom
line is in sight. In the 730-evaluation process, you are paying a lawyer and an evaluator
and that costs thousands of dollars.
10. Maintain perspective-stay in touch with a professional custody case manager to remain
focused on the most important issues.
11. Make your needs clear at the onset. Detail exactly what you require from this evaluation.
Ask for a specific and detailed custody and visitation plan as part of the
recommendations. What to ask for.
12. Consider a Special Master instead of an evaluator, someone who will evaluate over the
period of six months or a year instead of a quick snapshot of everyone on their best
behavior.

Jessica St. Clair, M.F.T., is a Marriage, Family and Child Counselor with over twenty years
experience working with families and children. She is a therapist, credentialed teacher and
qualified child custody evaluator. Jessica has worked with hundreds of families to prepare them
for custody evaluations as ordered by the Court. Jessica is a woman of great empathy and has
helped many children cope with the turmoil divorce creates in their lives. Jessica practices in
Newport Beach and Santa Ana, Ca. She is the leader of Planet Divorce and Parenting Wizards,
both joint projects of Divorce Wizards, Inc. and Child Custody Consultants. You may reach
Jessica St. Clair at 714-568-1111 or www.childcustodyconsultant.com.