SPARC Forums

Hello Soc,
 Fiance hasn't seen his son in over ten years. Finally found his ex, and he has a trial date for getting visitation established in August. At first he requested a custody evaluator, but had the judge amend that to a visitation eval.
 It has been ordered that it is now a visitation evaluation, but the evaluator sent the papers for a custody evaluation. The problem here Soc is that she cannot observe the child here in our home with his father, because as of right now he has no visitation.
 Fiance is pro se, and we live in Florida.
Questions:

1. Can he motion the court to ask that the order for the evaluation be quashed due to the fact that the evaluator doesn't do visitation evals?

2. If quash isn't the right terminology then what wording can he use?

3. If he doesn't file something, and doesn't obey the order will he be held in contempt?
 
4. How can he avoid beong held in contempt other than motioning the court?

Thank You in advance Soc!
Deb

>1. Can he motion the court to ask that the order for the
>evaluation be quashed due to the fact that the evaluator
>doesn't do visitation evals?

Burden of proof is essentially the same, just do the custody eval and don't worry about it. The judge will order what he/she believes is in the child's best interests, anyway, and you may eventually negotiate a settlement prior to trial (and you should try hard to accomplish this, because you can't afford a trial).

>2. If quash isn't the right terminology then what wording can
>he use?

N/A

>
>3. If he doesn't file something, and doesn't obey the order
>will he be held in contempt?

don't worry about it.


>4. How can he avoid beong held in contempt other than
>motioning the court?

see #3.