How to Prove a Parent Unfit

What Is an Unfit Parent?

 A parent is declared to be unfit when he or she is incapable of taking care of a child’s welfare. Under California law, for a parent to be declared unfit for custody of a child, the following factors must be considered:

• A record of violence or abuse, including evidence
• Lack of involvement or interest in the child’s life
• Inability to financially support the child
• An existing mental illness
• A history of a toxic relationship with the child

When deciding whether a parent is unfit, the court will always rule in favor of the child’s best interests. Though ideally both parents would have a role in the child’s life, it is most important that the child receive suitable care until maturity.

Emily learns that her husband Steven is determined to keep custody of their daughter Margot. He insists that he will get a high-paying job and provide for the little girl, but Emily remains unconvinced. After all, in their eight years of marriage, Steven has only held two jobs, each lasting for less than six months. When Emily speaks to a lawyer about how to proceed with her divorce, her lawyer advises her to have a 730 Evaluation performed. This, he tells her, might make Steven’s unfitness as a parent more apparent to the court.

What is a 730 Evaluation?

A 730 Evaluation occurs when an expert is appointed to a court case to help decide an issue. The court’s ability to appoint an expert derives from Evidence Code 730, which allows family courts to hire experts in a particular area of study.

It is common for 730 Evaluations to come up in custody battles, especially when one or both parents accuse the other of abuse, or when one parent is attempting to move the child abroad.

The expert appointed to a custody case for a 730 evaluation will be board-certified, or otherwise meet the required licensing standards. Child custody evaluators include:

• Psychiatrists
• Psychologists
• Social workers
• Therapists

The expert will evaluate the child’s health, safety, and welfare by studying documents such as the following:

• Pleadings filed by either party
• Therapist letters
• Police reports
• Restraining orders related to domestic violence or harassment
• Civil and criminal case reports

It is normal for an expert to interview the child, the parents, relatives, teachers, or any other individuals who might offer information regarding the child’s welfare. The expert might also study how each parent interacts with the child to assess their one-on-one relationships. The expert might have the parents assessed to determine any psychological, personality, and parenting issues.

The expert will summarize his or her findings in a court document called a “730 Report and Recommendation.” The report contains information for the court to consider when making a judgement on the case. Lawyers for both parties will often try to find holes in the experts’ logic or findings.

Though 730 Evaluations often decide a dispute, in the event they do not, experts may be called into court to testify. This is when lawyers will try to strengthen or invalidate the expert’s testimony. Sometimes a party will hire another expert, called a 733 Evaluator, to prepare his or her own report. This report specifically tries to discredit the 730 expert.

Emily follows her lawyer’s advice, and a 730 Evaluation is conducted for the benefit of the court. A therapist and psychologist speak with Steven and find him, as Emily states, to be unmotivated and wracked with clinical anxiety and depression. When the experts speak with young Margot, they learn that the little girl is anxious in the company of her father, because he offers her little attention and often forgets about her. She claims to feel happier and safer with her mother. The 730 Evaluation thereby helps the court make its decision, and Emily is granted full custody of Margot.