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Author Topic: Evaluator's report  (Read 1123 times)

ForAlyssa1

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Evaluator's report
« on: May 27, 2004, 10:36:41 AM »
Dear Soc,

My husband and I are attempting to get custody of his 13 year old daughter.  Mother living with boyfriend, got preganant; 17 year old daughter has 19 year old boyfriend also living in the same home.  The 13 year old wants to live with us but of mom (bi-polar).  She did however tell mom and evaluator.

We've gone through the evaluation and it took a call from the 13 year old to nudge the evaluator into forwarding his report.  Putting it mildling, the 13 year old could have written it better.  90% of the items discussed during husband's visit not in report.  The evaluator came back with the 13 year old has PMS (prior to getting period) and is just moody.  The evaluator contradicts himself all over the report.

Questions are:

1)  What are the percentages of evaluator reports being overturned?

2)  We've been advised by other lawyers to try and offer the BM money - is that illegal and would it look bad to the judge if she tells him we offered her that?

3)  The BM is moving 1 1/2 hours away which affects our mid-week visitation currently in the parenting agreement and has failed to even mention the move to us yet.  Is she required to re-negotiate the visitation time or are we out of luck and lose that time?

Thanks Soc.


socrateaser

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RE: Evaluator's report
« Reply #1 on: May 27, 2004, 09:16:48 PM »
>1)  What are the percentages of evaluator reports being
>overturned?

Unless you pay for a second eval, your chances are pretty low.

>
>2)  We've been advised by other lawyers to try and offer the
>BM money - is that illegal and would it look bad to the judge
>if she tells him we offered her that?

You cannot pay consideration in exchange for custody. That is the sale of a human being, and it is quite illegal. It is possible to write two simultaneous orders, one that agrees to pay increased support for some other child living with the other parent, and a separate order that gives you custody, however, the two may not be linked.

Now, if the OTHER parent were to ask YOU for money in exchange for custody, then that would dramatically tip the scales the other way. Unfortunately, you need to be able to prove it, and that's not usually very easy.


>
>3)  The BM is moving 1 1/2 hours away which affects our
>mid-week visitation currently in the parenting agreement and
>has failed to even mention the move to us yet.  Is she
>required to re-negotiate the visitation time or are we out of
>luck and lose that time?
>
>Thanks Soc.

 

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