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What if there has been domestic violence
or a protective order?
The evaluator must consider any history of
domestic violence before interviewing the parents
or the child. The parties may request separate
interviews with the evaluator. Give the evaluator
copies of any restraining or protective orders.
For help, call the National Domestic Violence
Hotline at 1-800-799-7233 (TDD: 1-800-787-3224)
or call 211 (if available in your area).
• Counseling: If, and for how long, either parent should
be required to attend parenting, coparenting, domestic
violence, substance abuse, rehabilitation, or other
programs.
What will the evaluator do?
The evaluator will conduct a full or limited-scope
investigation. He or she may do all the following as
part of the investigation:
• Review documents related to custody, including local
police reports and juvenile court records;
• Review the child’s medical, dental, mental health, and
other health-care records and school and educational
records;
• Observe parent-child interaction and interview parents,
the child, the child’s family members, and others who
have had contact with the child;
• Interview professionals who have provided care for the
child; and
• Consult with other experts.
Will the evaluator speak with our child?
Depending on the child’s age and maturity, the
evaluator may consider observing and talking with
your child.
How long will the evaluation take?
This varies depending on the kinds of issues the
evaluator must investigate. The evaluator will give
you a written explanation of the process, which will
describe the time frame for gathering and analyzing
information for the evaluation.
We can’t agree on a parenting plan. So how
will the court make a custody order?
Parents in family court need to have a plan that
shows how their child will be cared for after they
separate. When parents can’t agree on a parenting
plan on their own or with the help of a mediator,
the judge will make a decision about child custody
at a hearing. The judge may order a child custody
evaluation to assist in this process. A parent can
also ask for an evaluation. This information sheet
provides general information in cases where the
judge appoints a child custody evaluator.
What is a child custody evaluation?
It is an investigation and analysis of the health,
safety, welfare, and best interest of the child. In
cases where the court has determined there is an
allegation of child sexual abuse, state law requires
that the evaluator conduct a detailed investigation
if the court is considering permanent child custody
or visitation orders. The evaluation is usually
completed by a licensed psychologist, marriage
and family therapist, clinical social worker, or
psychiatrist. The evaluator may be a private
professional, a court employee, or a professional
under contract with the court.
What kind of evaluation will be done?
The evaluator will follow the court order by
investigating and making recommendations that
address the issues raised in your case. For example,
the court might order the evaluator to make a
recommendation about these and other issues:
• Legal custody: Who makes major decisions
about the child’s health, education, and welfare;
• Physical custody: Whom the child lives with;
• Parenting plan or visitation: The schedule of
when the child spends time with each parent;
• Supervised visitation: Whether visitation
should be supervised and, if so, by what type
of program and for how long;
• Safety issues: The protection needs of the child
in cases involving allegations of domestic violence
or child sexual abuse.
• Child custody modification: Whether an existing
child custody order should be changed.
Judicial Council of California, www.courtinfo.ca.gov
New January 1, 2010, Optional Form
Family Code, §§ 3111-3118, 3025.5;
Cal. Rules of Court, rule 5.220
Child Custody Evaluation Information Sheet
FL-329-INFO Page 1 of 2
FL-329-INFO Child Custody Evaluation Information Sheet
FL-329-INFO Child Custody Evaluation Information Sheet
What do I need to do after the court orders
the evaluation?
1. Follow the court order about initial contact with
the evaluator.
2. Promptly provide documents and information to
the evaluator and to the other party at the same
time.
3. If needed, sign release forms to allow the evaluator
access to documents and the child's care providers.
4. Fully cooperate with the evaluation.
Will I have to pay for the evaluation?
Fees and costs for the evaluation are often paid by
the parents; however, sometimes evaluations
are paid for by the courts. Your order should say who
is responsible for paying for the evaluation.
What happens after the evaluator completes
the investigation?
If the court orders it, the evaluator may prepare a
verbal or written report about the issues investigated
in your case. The report may include recommenda-
tions about child custody and visitation. If the court
orders the evaluator to file a written, confidential
report about the evaluation, you or your attorney and
any attorney appointed for the child will receive a
copy of the confidential report 10 days before any
hearing about custody of the child. The court may
consider the report and receive it as evidence. The
report will go in the confidential portion of the court’s
file.
Is the report confidential, or can I share it
with others?
The child custody evaluation report is confidential.
You must not make an unwarranted disclosure of
the contents of the child custody evaluation report.
By law, a court can order a fine for an unwarranted
disclosure of the child custody evaluation report
in an amount that is large enough to prevent the
person from disclosing information in the future.
The fine can include an order to pay the other
party’s attorney fees or costs or both.
What if I disagree with the evaluator's report?
You may object to the evaluator’s report and request a
hearing to explain your concerns to the court. If
you do not have an attorney, you may wish to get legal
help with this matter. Read the local rules of the family
law court in your county to find out how to request a
hearing.
What if I have an issue about how the
evaluation was conducted?
• Discuss your concern with the evaluator or the
evaluator's supervisor to try to resolve the issue.
• Contact the clerk of the court to find out the
court’s procedures for making and responding
to complaints about an evaluator.
• Follow any complaint procedures posted in the
evaluator’s office.
• Submit your complaint to the court so the court
can respond to your concern.
• Contact your court’s self-help center or
facilitator program for more information.
• Consult with an attorney about raising your
concern as part of your case. See information
below about where to find legal help.
Does my court have special rules or forms?
Courts in most counties have local rules and forms
for cases involving child custody evaluations. Courts
generally provide online access to their local rules and
forms. See www.courtinfo.ca.gov/rules/localrules/htm.
You may also contact the family law facilitator or
self-help center at the superior court in your county.
Where can I get more information about child
custody evaluations?
1. Visit the California Courts Online Self-Help
Center Web site: www.courtinfo.ca.gov/selfhelp.
2. Ask at your local law library or public library.
3. Read Family Code sections 3110–3118 and 3025.5.
4. Read rules 5.220 and 5.225 of the California
Rules of Court.
Where can I get information or legal advice?
1. Talk to your lawyer if you have one.
2. Contact the family law facilitator or self-help center
for referrals to local legal services providers and
lawyer referral services.
3. Find a lawyer through your local bar association or
the State Bar of California at http://calbar.ca.gov.
Or call the Lawyer Referral Service at
866-442-2529 or 415-538-2250.
4. Seek free and low-cost legal help (if you qualify):
www.lawhelpcalifornia.org.
New January 1, 2010
Child Custody Evaluation Information Sheet
FL-329-INFO, Page 2 of 2
