Value of a Custody Evaluation?

[BetterFuture4Kids]

Happy Holidays Soc,

All parties are in VA.

Brief history:
BM and I decided to get a divorce in Oct 05 but continued to live together until we could negotiate a custody agreement of our 2 daughters (8 and 5).  After she found out that I had proof of her adultery, she decided to take the children to an abuse shelter and file a protective order (Mar 06) saying that I beat and raped her.  The allegations are false but I was required to leave the house until the court date.  When court came around (Apr 06), the judge threw out the protective order but said that my wife should have primary physical custody while we both retained joint custody until a full custody hearing was held.

We went to a custody evaluator who talked to everyone involved, performed psychological testing, looked at documentation, etc.  His report came out in Oct 06 and recommends that I have sole legal custody unless BM starts seeing a psychiatrist for Bipolar Disorder and regularly takes any medication he prescribes her.  In that case, he recommends joint legal custody with approx. a 60/40 split with me being their CP.  BM is now furious that the evaluator said that she is Bipolar, fired her lawyer (2nd time), and wants to fight everything.  I finally have a court date for May 07.

Questions:
1.  One concern I have is that BM will have primary custody from 4/06 to 5/07.  In your experience, how likely is the judge to make a change to what will be the status quo?
2.  BM states that the custody evaluation will be outdated by the time court comes.  Should this be a concern?  I don't see how someone can become "un-bipolar" in 6 months, but do I need to show some effort to have it updated?
3.  In your experience, how often does the judge follow the recommendations of the custody evaluation?
4.  My oldest daughter is having some pretty serious problems in school now, whereas she used to be a very good student.  Is there anything I can do to change the current situation?  I do have a lawyer and he says there is nothing I can/should do.

Thank you very much for your time!

[socrateaser]

>Questions:
>1.  One concern I have is that BM will have primary custody
>from 4/06 to 5/07.  In your experience, how likely is the
>judge to make a change to what will be the status quo?

It could be big problem for you.

You should have gone straight to court and requested emergency temporary custody on grounds that the other parent is bi-polar and is not capable of acting as the primary caretaker.

Because you didn't do this, you have tacitly given the other parent the opportunity to prove the custody evaluation wrong, by successfully caring for the children, prior to trial.

>2.  BM states that the custody evaluation will be outdated by
>the time court comes.  Should this be a concern?  I don't see
>how someone can become "un-bipolar" in 6 months, but do I need
>to show some effort to have it updated?

The issue is, are the children under stress right now, because of the mother's current behavior related to bi-polar disorder? If so, then you need to ask for an emergency hearing now. If not, then my question is "why not?" Bi-polar disorder does not respond well to any medications -- it's always lurking, so this would cause me to mistrust the evaluator findings.

>3.  In your experience, how often does the judge follow the
>recommendations of the custody evaluation?

Usually, but not in the face of empirical evidence demonstrating that the evaluator's report is incorrect -- which could be the case for you.

>4.  My oldest daughter is having some pretty serious problems
>in school now, whereas she used to be a very good student.  Is
>there anything I can do to change the current situation?  I do
>have a lawyer and he says there is nothing I can/should do.

I respectfully disagree with your lawyer's conclusions for the already-stated reasons. The question is simply, how are the children actually faring under the care of the CP.

I suggest that you take the kids to a child psychologist and try to determine whether they are under stress due to the CP's inability to effectively parent. If so, then I would use the psychologist's testimony at an emergency hearing.

I would have used the evaluator's report in Oct, but now it's three months later, so it's not current any longer, and you need current evidence.

[mistoffolees]

>
>I would have used the evaluator's report in Oct, but now it's
>three months later, so it's not current any longer, and you
>need current evidence.


Is this a typical view or is it something that's specific to the facts of this case? IOW, is it generally assumed that a custody evaluator's report has value only for a fairly limited period of time or does it stand until someone shows that the circumstances have changed?

[socrateaser]

>
>>
>>I would have used the evaluator's report in Oct, but now
>it's
>>three months later, so it's not current any longer, and you
>>need current evidence.
>
>
>Is this a typical view or is it something that's specific to
>the facts of this case? IOW, is it generally assumed that a
>custody evaluator's report has value only for a fairly limited
>period of time or does it stand until someone shows that the
>circumstances have changed?

The poster is attempting to show that the eval is not representative of the status quo. The only way to prove this is true is to have proof of what the current status quo is, so it can be compared with the eval report. Thus, you need current evidence.

As for what is typical, this is irrelevant. What matters is what happens in a particular party's case -- not what happens in some other case.

[BetterFuture4Kids]

Happy Holidays Soc,

All parties are in VA.

Brief history:
BM and I decided to get a divorce in Oct 05 but continued to live together until we could negotiate a custody agreement of our 2 daughters (8 and 5).  After she found out that I had proof of her adultery, she decided to take the children to an abuse shelter and file a protective order (Mar 06) saying that I beat and raped her.  The allegations are false but I was required to leave the house until the court date.  When court came around (Apr 06), the judge threw out the protective order but said that my wife should have primary physical custody while we both retained joint custody until a full custody hearing was held.

We went to a custody evaluator who talked to everyone involved, performed psychological testing, looked at documentation, etc.  His report came out in Oct 06 and recommends that I have sole legal custody unless BM starts seeing a psychiatrist for Bipolar Disorder and regularly takes any medication he prescribes her.  In that case, he recommends joint legal custody with approx. a 60/40 split with me being their CP.  BM is now furious that the evaluator said that she is Bipolar, fired her lawyer (2nd time), and wants to fight everything.  I finally have a court date for May 07.

Questions:
1.  One concern I have is that BM will have primary custody from 4/06 to 5/07.  In your experience, how likely is the judge to make a change to what will be the status quo?
2.  BM states that the custody evaluation will be outdated by the time court comes.  Should this be a concern?  I don't see how someone can become "un-bipolar" in 6 months, but do I need to show some effort to have it updated?
3.  In your experience, how often does the judge follow the recommendations of the custody evaluation?
4.  My oldest daughter is having some pretty serious problems in school now, whereas she used to be a very good student.  Is there anything I can do to change the current situation?  I do have a lawyer and he says there is nothing I can/should do.

Thank you very much for your time!

[socrateaser]

>Questions:
>1.  One concern I have is that BM will have primary custody
>from 4/06 to 5/07.  In your experience, how likely is the
>judge to make a change to what will be the status quo?

It could be big problem for you.

You should have gone straight to court and requested emergency temporary custody on grounds that the other parent is bi-polar and is not capable of acting as the primary caretaker.

Because you didn't do this, you have tacitly given the other parent the opportunity to prove the custody evaluation wrong, by successfully caring for the children, prior to trial.

>2.  BM states that the custody evaluation will be outdated by
>the time court comes.  Should this be a concern?  I don't see
>how someone can become "un-bipolar" in 6 months, but do I need
>to show some effort to have it updated?

The issue is, are the children under stress right now, because of the mother's current behavior related to bi-polar disorder? If so, then you need to ask for an emergency hearing now. If not, then my question is "why not?" Bi-polar disorder does not respond well to any medications -- it's always lurking, so this would cause me to mistrust the evaluator findings.

>3.  In your experience, how often does the judge follow the
>recommendations of the custody evaluation?

Usually, but not in the face of empirical evidence demonstrating that the evaluator's report is incorrect -- which could be the case for you.

>4.  My oldest daughter is having some pretty serious problems
>in school now, whereas she used to be a very good student.  Is
>there anything I can do to change the current situation?  I do
>have a lawyer and he says there is nothing I can/should do.

I respectfully disagree with your lawyer's conclusions for the already-stated reasons. The question is simply, how are the children actually faring under the care of the CP.

I suggest that you take the kids to a child psychologist and try to determine whether they are under stress due to the CP's inability to effectively parent. If so, then I would use the psychologist's testimony at an emergency hearing.

I would have used the evaluator's report in Oct, but now it's three months later, so it's not current any longer, and you need current evidence.

[mistoffolees]

>
>I would have used the evaluator's report in Oct, but now it's
>three months later, so it's not current any longer, and you
>need current evidence.


Is this a typical view or is it something that's specific to the facts of this case? IOW, is it generally assumed that a custody evaluator's report has value only for a fairly limited period of time or does it stand until someone shows that the circumstances have changed?

[socrateaser]

>
>>
>>I would have used the evaluator's report in Oct, but now
>it's
>>three months later, so it's not current any longer, and you
>>need current evidence.
>
>
>Is this a typical view or is it something that's specific to
>the facts of this case? IOW, is it generally assumed that a
>custody evaluator's report has value only for a fairly limited
>period of time or does it stand until someone shows that the
>circumstances have changed?

The poster is attempting to show that the eval is not representative of the status quo. The only way to prove this is true is to have proof of what the current status quo is, so it can be compared with the eval report. Thus, you need current evidence.

As for what is typical, this is irrelevant. What matters is what happens in a particular party's case -- not what happens in some other case.