Child Custody

How to Request a Child Custody Evaluation (and What to Expect)

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Key Takeaways

When you are in the middle of a complex divorce or separation in the East Bay, few things feel as heavy as the uncertainty surrounding your children. Perhaps you are staring at a temporary order that feels completely off-base, or maybe the other parent represents a genuine risk that the court hasn’t fully recognized yet.

At Whiting, Ross, Abel & Campbell, we know that parents often walk into our Walnut Creek offices feeling that a previous agreement or ruling was unfair. You might feel like the judge only saw a snapshot of your life rather than the full movie. When standard mediation fails and the impasse seems unbreakable, a child custody evaluation becomes a critical, albeit intense, tool in your legal arsenal. It’s a way to bring professional neutrality and deep investigative work into a courtroom that is otherwise relying on “he-said, she-said” arguments.

Here is a look at how this process works in California, specifically for families in Alameda and Contra Costa counties, and what you need to know before you initiate it.

child custody evaluation in California

What Is a Child Custody Evaluation in California?

In California, a child custody evaluation is a comprehensive investigation conducted by a qualified mental health professional to determine what custody arrangement serves the child’s best interests. This is far more involved than a brief meeting with a mediator; it is a deep dive into the psychological and practical dynamics of your family.

Often conducted under Family Code §3111 or Evidence Code §730, this process results in a detailed written report that the judge relies on when making custody and parenting plan decisions. The evaluator acts as the court’s eyes and ears, stepping outside the courtroom to observe interactions, interview involved parties, and assess the overall environment. While the judge remains the final decision-maker, this evaluation provides a best-interest analysis that the court simply does not have the time or specialized training to conduct from the bench.

When Does the Court Order a Custody Evaluation?

Judges typically order a custody evaluation when parents reach a deadlock on significant, sensitive issues that directly impact the child’s safety or developmental needs. The court recognizes that professional neutrality is often necessary to cut through entrenched conflict.

Common triggers for these evaluations include allegations of substance abuse, domestic violence, or concerns regarding a parent’s mental health. We also see them frequently in our Bay Area practice, from Piedmont to Pleasanton, in connection with move-away cases. When one parent wants to relocate out of state or far enough away to disrupt the existing parenting plan, the court may require an investigation to assess whether the move serves the child’s best interests or creates undue harm.

Disputes over school enrollment can also lead to a custody evaluation. When parents cannot agree on issues such as private versus public education, the court looks closely at stability, continuity, cost, and the child’s specific needs. Evaluators focus less on the label of the school itself and more on whether the proposed arrangement supports the child’s overall well-being.

How Do You Request a Child Custody Evaluation?

child custody evaluation in California

To request a custody evaluation, you generally must file a Request for Order (RFO) with the court, clearly explaining why the current custody situation raises concerns and why an expert evaluation would assist the court in making a best-interest determination. Parents typically must ask the court to authorize this process; you cannot simply hire a private evaluator and compel the other parent to participate without a stipulation or a court order.

If you are dealing with an unsatisfactory custody arrangement and believe the current plan presents legitimate safety or developmental concerns, your attorney will prepare a declaration outlining specific parental fitness issues or risk factors. In counties like Alameda and Contra Costa, the judge reviews this request to determine whether an evaluation would provide meaningful insight into disputed custody issues. Courts are often reluctant to order full evaluations for minor disagreements due to the cost and time involved, so the request must be grounded in the child’s best interests as defined under California law.

What Does a Custody Evaluator Actually Do?

The child custody evaluator’s role is to systematically gather information from key areas of your child’s life to build a complete picture of the family dynamic. They are not there to be your therapist; they are there to conduct an investigation the court can rely on.

Their work often involves extensive interview protocols. They will interview you, the other parent, and the children (if age-appropriate). They may also use collateral contacts, meaning people who know the family but are not the parents. This can include teachers in Berkeley, doctors in Oakland, therapists, or other relevant adults, depending on the issues in the case and the scope of the evaluation. They may review documents such as police reports, school records, and, when properly authorized, certain medical or counseling records. The evaluator is looking for consistency between what you report and what the available history and observed behavior show.

When “he-said, she-said” won’t protect your child, evidence will.

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What Factors Do Evaluators Consider When Making Recommendations?

Evaluators weigh a range of parental fitness factors, focusing on which parent can best support a stable, healthy relationship for the child while ensuring physical and emotional safety. It is a balancing act that looks at past behavior, current circumstances, and the likelihood of future stability.

One major area of focus is the ability to co-parent effectively. The evaluator considers which parent is more likely to encourage frequent and continuing contact with the other parent. Patterns of conduct that undermine the child’s relationship with the other parent can weigh heavily in an evaluator’s recommendations. Evaluators often conduct household observations as well, assessing how the parent and child interact in their everyday environment. Are boundaries appropriate? Is the child comfortable? Is there healthy affection and structure?

Specific disputes, such as disagreements over school enrollment, can also reveal how parents approach decision-making. If one parent is advocating for a particular private school while the other prefers a local public option, the evaluator will examine the reasoning behind each position. The focus is on whether the choice is tied to the child’s actual educational needs and stability, or driven by conflict, control, or parental preference rather than the child’s best interests.

What Should Parents Expect During the Evaluation Process?

child custody evaluation in California

You should expect a demanding and often costly process that can take several months to complete and requires a high level of transparency. This is one of the more intrusive processes in family law, as a mental health professional is tasked with closely examining your parenting, decision-making, and family dynamics within the scope of the court’s order.

From a financial standpoint, a private custody evaluation in California can cost several thousand dollars, depending on the complexity of the case and the evaluator’s hourly rate. That cost is often split between the parties, though a judge has discretion to allocate fees differently. In terms of timing, this is not a quick fix. Gathering records, scheduling interviews, conducting observations, and preparing the written report all take time.

Some counties offer limited-scope assessments or brief evaluations focused on discrete issues, such as a narrow scheduling dispute or a specific safety concern. These tend to move faster and cost less. For full custody disputes, however, parents should prepare for a longer process. Throughout it, your conduct matters. Evaluators pay close attention to how parents communicate, manage stress, and present themselves over time, not just during formal interviews.

How Can a Custody Evaluation Affect the Final Custody Order?

While the judge remains the final decision-maker, a custody evaluation report often carries substantial weight in custody proceedings. Courts rely on these reports because evaluators are able to conduct interviews, observations, and collateral checks that the court itself cannot practically perform.

Once the report is issued, it typically includes written findings and specific recommendations regarding custody and visitation. If the report is favorable, it often becomes the framework for a revised parenting plan. If the report is unfavorable or contains factual inaccuracies, parents are generally faced with a difficult decision about how to proceed, including whether to negotiate a resolution informed by the report or to challenge its conclusions.

Challenging a custody evaluation can be complex, but it may be appropriate in cases where the evaluator failed to follow required procedures, relied on flawed assumptions, or demonstrated a lack of objectivity. In some situations, parents retain a qualified expert to review the evaluator’s methodology, file, and conclusions. This type of review can highlight substantive or procedural issues and provide the court with a more complete record before final custody orders are made.

Navigating Custody Evaluations in High-Stakes California Cases

Child custody evaluations can significantly influence the outcome of your case. Once the process begins, how your family is presented and understood may shape long-term custody and parenting orders. Preparation, credibility, and strategic guidance matter at every stage.

Whiting, Ross, Abel & Campbell represents parents in Walnut Creek and across the East Bay facing high-stakes custody disputes and court-ordered evaluations. We help clients prepare thoroughly, respond strategically to evaluator findings, and protect their child’s best interests in Alameda and Contra Costa courts.

If you are considering requesting an evaluation or responding to one, contact us today for a confidential consultation and a clear plan forward.

 

The above is not meant to be legal advice, and every case is different. Feel free to reach out to us at Whiting, Ross, Abel & Campbell, LLP if you have any questions. Information contained in this content and website should not be relied on as legal advice. You should consult an attorney for advice on your specific situation. 

Visiting this site or relying on information gleaned from the site does not create an attorney-client relationship. The content on this website is the property of Whiting, Ross, Abel & Campbell, LLP and may not be used without the written consent thereof.

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Ask Our Expert Attorneys

You request a custody evaluation by filing a Request for Order (RFO) and explaining why an evaluation would help the court resolve disputed custody issues based on the child’s best interests.

Evaluators assess parenting ability, credibility, co-parenting conduct, and whether each parent supports the child’s safety, stability, and ongoing relationship with the other parent.

A full custody evaluation often takes several months, depending on the scope of the investigation, the evaluator’s schedule, and the complexity of the issues involved.

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