Legal Question in Family Law in California
I live in santa clara ca. In family court may I request a family court evaluation if it doesnt appear the judge is going to? Does the court prefer to not do evaluations because they cost time and money??
2 Answers from Attorneys
The court will order an evaluation if the parties cannot reach agreement at mediation, and the court at a Judicial Custody Conference determines that an evaluation is necessary and appropriate for the court to make a custody determination. You are free to suggest it to the court at the JCC if it seems appropriate, but the court will make its own decision whether to order one. As for cost - if the court orders a Family Court Services evaluation, the county bills you for it. If a private evaluation is agreed on or ordered, you will each pay half unless the court finds that equity requires a different allocation of the expense.
Even though the expense of an evaluation seems great, in the long run, a comprehensive report and recommendation can save an even greater future emotional and financial cost.