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Author Topic: Expert Witness  (Read 1401 times)

Windd

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Expert Witness
« on: May 21, 2004, 03:26:14 PM »
What type of fees can one expect if a custody evaluator has to provide testimony at trial??


If client has joint custody and it's not working,would you ever recommend settling for shared custody? On what grounds would you recommend shared custody?


In regard to above, it better to attempt shared custody rather than trial especially after initial evaluation done several months ago and other side has been stalling in regards to getting second evaluation?


socrateaser

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RE: Expert Witness
« Reply #1 on: May 22, 2004, 09:32:24 AM »
Number your questions in the future, or I won't respond.


>What type of fees can one expect if a custody evaluator has
>to provide testimony at trial??

$300-600 per hour of testimony, depending upon the experience and qualifications of the expert (social worker vs. psychologist/psychiatrist).

>
>
>If client has joint custody and it's not working,would you
>ever recommend settling for shared custody? On what grounds
>would you recommend shared custody?

I don't answer bare legal questions without supporting facts. Post the facts of your case and then ask the question.

>
>
>In regard to above, it better to attempt shared custody rather
>than trial especially after initial evaluation done several
>months ago and other side has been stalling in regards to
>getting second evaluation?

See above.

Windd

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RE: Expert Witness
« Reply #2 on: May 24, 2004, 06:21:34 PM »
Custody Evaluation performed did not favor custodial parent as parent was found to overwelmingly blame other parent without seeing their role in the mess. Parental alienation was happening, kids were isolated and allegedly being home-schooled, custodial parent works nights, custodial parent moved to different residence about once a year (4-5). Kids were scripted to say things about NCP which they could not support with facts during interviews. Evaluation backed up by evidence i.e police reports, answering machine messages, Drs notes

Motion to temporarily change residence denied; espesciallyif a second eval granted. Judge said no but second evalaution could proceed. Kids would need to be placed in school. Another change occurs in CP residence. Still works nights. Gaps in education noted. Kids will need to attend summer school.


1)If client has joint custody and it's not working,would you ever recommend settling for 50/50 shared custody? On what grounds would you recommend 50/50 shared custody?



2)In regard to above, it better to attempt 50/50 shared custody rather
than trial; especially after initial evaluation done several months ago and other side has been stalling in regards to getting second evaluation?





socrateaser

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RE: Expert Witness
« Reply #3 on: May 25, 2004, 08:42:17 AM »
>1)If client has joint custody and it's not working,would you
>ever recommend settling for 50/50 shared custody? On what
>grounds would you recommend 50/50 shared custody?

You need to define your terms for me. What exactly do you mean by joint vs. shared custody?

>2)In regard to above, it better to attempt 50/50 shared
>custody rather
>than trial; especially after initial evaluation done several
>months ago and other side has been stalling in regards to
>getting second evaluation?
>

See #1

Windd

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RE: Expert Witness
« Reply #4 on: May 25, 2004, 02:34:54 PM »
Joint would be the standard both parents have say so and rights in education, religion, health care etc... and one parent considered residential parent and one pays child support.

Shared legal custody I am thinking is time is actually "evenly" split and neither parent pays"childsupport". In this paticuliar case one parent works nights and the other works days. Child stays with one parent at night, while the other parent is at work. The parent who works nights picks the kids up from school, while other parent is at work, and keeps them till the evening.

Children benefit from maximum exposure as parents work opposite shifts and no child care is needed


socrateaser

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OK, response is here...
« Reply #5 on: May 25, 2004, 02:50:12 PM »
>1)If client has joint custody and it's not working,would you
>ever recommend settling for 50/50 shared custody? On what
>grounds would you recommend 50/50 shared custody.

Well, my personal view is that courts shouldn't be permitted to order anything other than 50/50 custody, absent agreement of the parents, or a showing that a parent would be considered unfit to parent, even if the other parent was unavailable.

But, that's just my little fantasy world. Legal reality is that no judge would award 50/50 where joint isn't working, precisely because 50/50 requires even a greater degree of cooperation between the parents than does joint.

>2)In regard to above, it better to attempt 50/50 shared
>custody rather
>than trial; especially after initial evaluation done several
>months ago and other side has been stalling in regards to
>getting second evaluation?

You're wasting your time and money trying for 50/50, based on your facts. Sorry.

 

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