Loading

Evaluations Family Law

California Evidence Code

Section 730

 

When it appears to a family law court any time before or during the trial, 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 the 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 relative to the fact or matter as to which the expert evidence is or may be required.

There are three ways a 730 Evaluation process may be started:

A judge can order the parties to submit to one;
   
One of the parties may request one (the request being subject to approval by the judge); or
   
By stipulation, which means both parties agree to it.
   

Selecting an Evaluator:

An evaluator can be a licensed clinical psychologist, licensed psychiatrist, Marriage and Family Therapist (MFT), Marriage, Family, and Child Counselor (MFCC), or Licensed Clinical Social Worker (LCSW).

The family law judge may choose the evaluator from a list the court maintains;
   
The judge may ask the parties to submit a list of acceptable evaluators from which he or she will make a selection; or
   
The two sides mutually agree on an evaluator.
   

The Four Parts to an Evaluation:

Written and / or Verbal Testing,
   
Interview with both parents together,
   
Interview with each parent separately, and
   
The children are interviewed with each parent.
   

 

Please call the family law attorneys with Michael T. Chulak & Associates for a no-cost initial consultation.

 

 





All contents ©2017 MTCLaw.com. All rights reserved.