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Author Topic: Custody Eval - update of sorts  (Read 1294 times)

HappyHCMom

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Custody Eval - update of sorts
« on: May 02, 2007, 07:30:12 AM »
Custody Eval is done, report not in yet - not due until June.  Home visits were done, met with the evaluator to go over everything, BM is being VERY difficult to work with.  Evaluator has come up with numerous schedules, BM not giving much input at all, refusing to answer emails about schedules, etc. Still refusing to give overnights (which would start this week according to evaluator's recommendations).   She doesn't like that he gets overnights and it works towards 50/50 (that would affect her child support amount).

And yet more proof this is all about money?  She asked the evaluator to look into liquid assets of Dad.  Arrgh!

What happens if all of a sudden she completely refuses to cooperate with the evaluator that SHE insisted on having?  She's also being "very difficult" according to her attorney, too.  Is there a snowball's chance in hell of us being awarded primary custody of a 2 year old?


notnew

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RE: Custody Eval - update of sorts
« Reply #1 on: May 02, 2007, 07:43:09 AM »
I can't say weather you may or may not get custody.

I had an evaluation recommending custody be transferred to me and still didn't get custody.

In my state, the evaluator doesn't look at your financial assets liquid or no. If you have a job and are capable of supporting the child, that is the most important financial aspect. The fact that she made that statement to the evaluator shows she obviously doesn't realize what the evaluator is evaluating. A damaging way to behave IMHO.

All of her resistance should be noted in front of the judge so he/she is aware of this. You really won't know for sure what the impact of her actions were until the report comes out.

Her attorney can say till the cows come home that she is being difficult in the case and as a client, but he/she will still do all possible to make it so that she can and get away with it. Don't ever think opposing counsel is friendly or on your side. This is a battle and attorneys well know the rules of engagement. Don't let them fool you because they will cut your throat while smiling in your face.

I don't think being uncooperative will warrant a custody change without other factors at play. However, this behavior will likely lead to repeated contempt charges due to her interference and denial of parenting time which could lead to a custody change after building up over time.

Good luck.

HappyHCMom

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RE: Custody Eval - update of sorts
« Reply #2 on: May 02, 2007, 08:27:34 AM »
Thanks for your reply.
Most people would know that a custody evaluator isn't going to look at assets.  She is not most people, trust me.  
This is just the latest in a long string of battles that we've had with her.  She won't "allow" any more than 5 hours, refusing overnights, refusing visitation unless it suits her schedule - definitely a case of alienation.  And every time we get close to the court date, she does something else to push it back.  The latest was the custody evaluation.
It's ALL about the money, and we can prove that, too.  
Hopefully her latest will be the icing on the cake.  She's just ridiculous.

backwardsbike

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RE: Custody Eval - update of sorts
« Reply #3 on: May 10, 2007, 07:15:02 PM »
SHe might be the biggest jerk in the world but unless you can prove it beyond a reasonable doubt you're not gonna get anywhere.  I hope the evalautor saw thru her- they they didn't see thru my X.

In my attorney's words, "In a case where both parties don't wanna work together- the one who is the bigger a$$ usually gets what they want."  Best of luck to your spouse and i wish you all the strength in the world because from the sounds of it- you're gonna need it. Beign the spouse of the noin custodial paretn must be the hardest part to play in the whole charade- just ask my spouse.

HappyHCMom

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RE: Custody Eval - update of sorts
« Reply #4 on: May 11, 2007, 10:55:24 AM »
Thanks for your reply.
We can prove that she's been difficult, that's not a problem.  We can probably prove that she's hiding money in order to have DH pay her attorney fees.  We can prove that she's not following the judgment (from over a year ago) OR the custody evaluator's schedule.  Now it looks like we have to go to trial - she's still refusing overnights, despite the evaluator's recommending them to start over 2 weeks ago.  
It's just a nightmare.  If she were a reasonable person, this would be easy.  But she's not reasonable.  I think she's certifiable.  grrrrrr


 

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