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Author Topic: custodial eval report vs standard guidelines  (Read 2574 times)

gooddadof2

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custodial eval report vs standard guidelines
« on: Jan 09, 2012, 06:05:22 PM »
I received an excellent report from the custodial evaluator that the children's Mother hired and paid the full cost of. Mom disagrees with the report. Now the judge is planning to order Yavapai County Access Guidelines for children 3-5. It will be a fraction of the time we have had together for the past 1 1/2 yrs. The evaluator recommended even more time than I currently have. Does anyone know of any court cases, laws, guidelines, or any other helpful information to educate the judge as to the validity of a report that took 5 months over that of "guidelines"? We live in Arizona, and any wording or references would be extremely helpful. Thank you.


ocean

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Re: custodial eval report vs standard guidelines
« Reply #1 on: Jan 09, 2012, 06:09:24 PM »
Are you finished with the trial? If not, call the evaluator on the stand, and ask them direct questions of a good parenting plan and why they offered you more time in their report rather than the standard. Then the judge will hear it.
If your trial is over, going to be hard to get to judge to sway him. If you have a lawyer they can gently remind the judge of the recommendations of the evaluator that the mom picked out and paid for.

gooddadof2

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Re: custodial eval report vs standard guidelines
« Reply #2 on: Jan 10, 2012, 02:55:14 AM »
trial is over. almost 4am and i cant sleep. I owe atty 13,000 on top of 5,000 I've already given him. I am broke. Guidelines are 6pm to 8 am. enough time to feed and shower the kids before bed. then only to wake up and get going to give them back. This is certainly not in the best interest of my children. I feel beat up. I've fought so hard to preserve our time together, have excellent reports and great track record. I pray something big happens. For the first time I consider revenge. I don't know what to do. 4 days a month is not enough time to stay plugged into my childrens lives.Not sure why a judge would do such a terrible thing. I love my kids so much.  :'(

mdegol

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Re: custodial eval report vs standard guidelines
« Reply #3 on: Jan 10, 2012, 02:33:09 PM »
How did you find out that the judge is going to order this?  Did he tell your attorney? 
 
That schedule sounds kind of ridiculous.  Is that a standard schedule in Arizona?  Or just this county?  What is your current schedule?  Why is it being changed (who requested it, what was the material change in circumstance and are they considering this a change in custody or a change in parenting time)?  I ask abot the treatment of the case because sometimes you can argue that a change "amounts" to a change in custody if there is a dramatic increase or decrease in parenting time.  Changes in custody have higher thresolds to be allowed than changes in parenting time.  What is the schedule after 5? I read appeals cases, and have found a lot of valuable information by doing that.  When you read them, you might be able to find a case similar to yours or having some kind of aspect.  Then you would have to appeal (it is difficult, but my state you can do this without an attorney).  If the trial is over, you may not be able to submit more evidence to him (although I am not sure).  We need a lot more details to be able to help.  Reading the appeals case is also good because it can help you for the future so that you can request changes. 
 
I don't like the revenge statement, but maybe that's 4am talking.  Revenge on who and by doing what?  The best revenge is to be a wonderful parent and have your children love you.  PASing parents seem to take care of the revenge part themselves in the long run! 

gooddadof2

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Re: custodial eval report vs standard guidelines
« Reply #4 on: Jan 12, 2012, 06:52:28 PM »
It is called an "Under advisement ruling" and my atty is to prepare final decree based on it. It is Yavapai County Access Guidelines for 3-5 yr olds. 6-12 yr old guidelines state 2 wks during summer added. Terrible of someone to make such sparce times for parenting times. Current schedule was a temp order and gave us all of Wed. together. Both schedules allow eow. The revenge was, in fact, due to no sleep. I feel much better now. My atty has agreed to take 50% of balance due and file a "Motion for reconsideration". Said it is a very loose and sloppy ruling, and he is having a hard time preparing decree (as judge ordered him to prepare decree consistent with that minute entry). According to my atty physical custody just describes who children are with mostly, joint legal is judges intent w Mother as primary. I will try finding appeals online. Thank you for advice.


 

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