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Author Topic: Home Evaluation  (Read 1424 times)

reellis527

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Home Evaluation
« on: Mar 14, 2006, 10:32:51 AM »
A home evaulation was ordered in my case on yesterday.  A pendente lite order was also put in effect.  The father stated his address as being in Washington DC but the judge ordered his visitation to take place in Maryland at his mothers house where he doesn't even live at. The order states "ORDERED that Plaintiff's overnight visitation shall take place at the Plaintiff's mother's home and the minor child shall sleep alone" the mother wasn't even present because she opposed him having visitation...
 Sexual abuse is apart of this case and I have a whole lot of evidence that points to him, he didn't even deny the allegations yesterday in court!  With that said I have been keeping the child from him since early last month and he frankly hasn't cared much.  The judge ordered me give her to her father every other weekend, saturday at 10 until sunday at 6.  I am still refusing (though I didn't say that in court)

1) Do I run the risk of pissing the judge off and loosing just based on my non compliance (the father isn't holding me in contempt though)?

2) How can the judge order him to have visits at his mothers house versus where he really lives?

3) Is there paperwork that i/my lawyer can file to try to change this?

4) A home eval. was ordered, are they going to his mother's house and where he really is living at?

5) I just moved into a duplex apartment, haven't purchased living room furniture but everything else is furnished, can this negatively impact me in the courts eyes because I don't have living room furniture?


socrateaser

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RE: Home Evaluation
« Reply #1 on: Mar 14, 2006, 10:58:19 AM »
>1) Do I run the risk of pissing the judge off and loosing just
>based on my non compliance (the father isn't holding me in
>contempt though)?

You run the risk of being held in contempt, going forward,for willfully violating the court's order.

>
>2) How can the judge order him to have visits at his mothers
>house versus where he really lives?

Judge can order whatever the judge wants to order, and it's up to you to appeal the order to a higher court, or seek reconsideration from the trial judge.

>3) Is there paperwork that i/my lawyer can file to try to
>change this?

Motion for reconsideration.

>
>4) A home eval. was ordered, are they going to his mother's
>house and where he really is living at?

That's up to the evaluator.

>
>5) I just moved into a duplex apartment, haven't purchased
>living room furniture but everything else is furnished, can
>this negatively impact me in the courts eyes because I don't
>have living room furniture?

The issue is the child's best interests. The home environment is a factor. How much weight this has depends on how the evaluator views the issue, and how it's reported to the court, and then how the court views it.

Way too speculative for me to give you an opinion. But, yes, it can affect the outcome -- I just don't know if it will or not.

reellis527

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RE: Home Evaluation
« Reply #2 on: Mar 15, 2006, 07:05:53 AM »
I thought the other party had to file paperwork to hold me in contempt.

1)So the master can hold me in contempt?

socrateaser

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RE: Home Evaluation
« Reply #3 on: Mar 15, 2006, 07:36:03 AM »
>I thought the other party had to file paperwork to hold me in
>contempt.
>
>1)So the master can hold me in contempt?

The master/judge can hold you in contempt if you demonstrate or admit it in the court's presence. Or, the other party can file for contempt.

The fact that the other parent has not filed for contempt, doesn't mean that he/she can't do so. I'm merely stating that you can be found in contempt for what you are contemplating doing. If you choose to do it anyway, and no one holds you in contempt, then it's the same as running a red light with no traffic officer present.

reellis527

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RE: Home Evaluation
« Reply #4 on: Mar 15, 2006, 08:37:16 AM »
Gotcha THANKS!


 

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