A 730 Evaluation refers to any investigation conducted by an expert, appointed by the court, to help the judge decide an issue.  Normally, in family court, a 730 Evaluation refers to the appointment of an independent child psychologist to help the court determine who the children should live with.  The process normally consists of several interviews with both parents and the child, both in the evaluator’s office and in each of the party’s homes.  The evaluator will also review documents and interview other witnesses.  He/she then writes a written report with recommendations as to what the custody and visitation arrangements should be.  The judge uses the information to help the court make its decision.

A 3111 Investigation is used in the Temecula and Murrieta areas  to refer to a child custody investigation conducted by an expert employed by the county.  It is similar to a 730 Evaluation, except it is usually more narrow in scope.  Generally, a 3111 Investigation is to help the judge determine whether one party is a detriment to the children.

Any time a court makes a custody or visitation order, it must examine whether the order is in the best interests of the child. It is always assumed that it is in a child’s best interest to have frequent contact with both parents unless one party can prove otherwise.

Although the court always has the power to change an existing child custody or visitation order, once the court establishes a schedule, it will not be revised unless the children’s situation has changed.  Examples of a change of circumstances include: one parent moving away, a teenager wishing to live with the other parent, or a child doing poorly in school.

A custody evaluation refers to either a 730 Evaluation or a 3111 Investigation.

A court will normally only restrict a child’s contact with one parent if the court finds that the parent is harmful to the child’s welfare.  This is called detriment.  Normally, a court will only make this finding if there is a substance abuse problem, one parent has mental problems, or a child is being exposed to domestic violence.

In most circumstances the court will award the parties joint legal custody.  Joint legal custody means the parties have to meet and confer regarding major decisions regarding the child, including obtaining a driver’s license or passport, beginning medical or psychological treatment, moving the child’s residence, enrolling the child in school, or choosing a religion.  It also allows both parents equal access to information about the child from their school, doctor, dentist, etc.

A parent has joint physical custody when each parent’s time with the child is nearly equal.  A true joint physical custody arrangement makes it harder for the parents to move out of the area or make decisions about the child without the other parent’s agreement.

Legal custody is a term used to describe the legal rights of each parent.  Legal custody is the right to make decisions and obtain information about the child.  A parent who has legal custody decides where a child goes to school, where the child lives, whether a child can obtain a passport, etc.  Legal custody also allows a parent to consent to medical treatment, speak to a child’s teacher, and obtain a copy of medical records.

Mediation, sometimes called “Conciliation Court” is a form of  court-ordered counseling.   It is mandatory, but free. The purpose of mediation is to try to help the parents reach an agreement concerning the custody of their children before they see a judge.  Mediation usually lasts about an hour and is conducted at the courthouse by a licensed social worker, family counselor or psychologist.  A mediator’s only job is to discuss with the parents any concerns they have about the children, and to help the parents reach a compromise.   A mediator will not discuss money, property, etc.  A mediator will only discuss how arrangements can be made to ensure the children spend significant time with both parents.  Attorneys are not allowed in mediation. Only the parents can attend, although if the children are old enough, sometimes the children will be invited to participate in the process.  If a mediator cannot help the parents reach an agreement, the court will decide the outcome.

Minor’s counsel is an attorney appointed by the court to represent the children in a custody proceeding.  The attorney’s job is to ensure that the court knows the wishes of the children and to help the court decide what is in the children’s best interest.

Physical custody determines where the children spend their time.  It is sometimes referred to as “Time share.”  Physical custody will determine what days and times the children are at each parent’s house and where the children spend their holidays.

A primary parent is the parent who spends the most time caring for the child.  A primary parent is defined as the person who tucks the child in at night, makes sure the child brushes his/her teeth, makes sure the child does his/her homework, takes the child to the doctor, does the child’s laundry, feeds the child dinner, makes sure the child bathes, etc.  In other words, the primary parent is the parent responsible for the day-to-day tasks associated with raising a child.  Courts will normally award the majority of custody to the primary parent.

The term “primary physical custody” is not a legal one, and is not recognized by the courts.  There is only joint physical custody and sole physical custody.  The courts have developed this term to help the parents understand who has primary responsibility for the child without making the other parent feel bad.  Whether a custody arrangement is joint physical or sole physical depends completely on the percentage of time the child spends with each parent.

There are two types of counties: reporting counties and non-reporting counties.  In a reporting county, anything that is said in mediation can be repeated to the judge by the mediator.  Also, at the end of the mediation, the mediator will write up a recommendation as to what he/she believes is an appropriate custody and visitation schedule and give it to the court to help the court make its decision.  In a non-reporting county, the mediator cannot repeat statements made in the session, and the mediator does not write a recommendation as to what he/she believes is an appropriate arrangement.  Riverside County and San Diego County are reporting counties.  Orange County and Los Angeles County are non-reporting counties.

As set forth above, there is really no legal meaning to the term secondary physical custody.  Please see discussion on “Primary Physical Custody.”

Sole Legal custody means that only one parent has the right to make decisions about the child, and only one parent has the right to obtain information about the child. 

Usually, sole physical custody in the Temecula and Murrieta area refers to one parent being exclusively responsible for the children.  If the judge finds that one parent is a detriment to the child, the court will award the other parent sole physical custody.