Custody Evaluations

[sunnyin_fl]

In reading a post below, someone brought up the questions of a timely evaluation.

My situation....2005 contempt..2006 makeup visitation, filed for custody modification based on numerous related factual events...documentation supplied to the court.  Parenting evaluation ordered in June.

I'm the father and NCP at this point.  My evaluation was completed as was the child's with me in October 2006.  These were to be completed the end of September, but I was given an extension for the child/mine due to the child being out of state.  I live in FL and FL has retain jurisdiction.  The mother still has not completed hers or hers with the child.  We have a case mgmt conference next Wednesday.  In the motion that was filed it addresses the fact that the PE has not been completed nor have her interrogatories and new requests for production.

1.  Is my session still considered valid?  New information has arisen affecting the child.  Missing 15 days of school (he's in Kindergarten), 10 tardies, not included in the 15.  Sick all the time....due to smoke inhalation and I'm not talking cigarettes.

2.  The evaluator did not request any collateral contacts nor an interview with either of our spouses...is this common?

3.  Should I ask for another session and present new information since it expressly relates to the childs wellbeing...ie: health, schooling.

4.  I thought a case mgmt hearing was a hearing to see where everyone was at and to set a final hearing date....what is your experience with case mgmt hearings involving custody when the other parent thumbs their nose at doing anything?

Thank you.

[socrateaser]

>1.  Is my session still considered valid?  New information has
>arisen affecting the child.  Missing 15 days of school (he's
>in Kindergarten), 10 tardies, not included in the 15.  Sick
>all the time....due to smoke inhalation and I'm not talking
>cigarettes.

It's valid, unless you prove otherwise, such as with the introduction of new evidence.
>
>2.  The evaluator did not request any collateral contacts nor
>an interview with either of our spouses...is this common?

Varies by case. Can't comment.
>
>3.  Should I ask for another session and present new
>information since it expressly relates to the childs
>wellbeing...ie: health, schooling.

I think it's proably worth a letter to the evaluator, but I'd leave it to him/her to decide if it warrants another interview.
>
>4.  I thought a case mgmt hearing was a hearing to see where
>everyone was at and to set a final hearing date....what is
>your experience with case mgmt hearings involving custody when
>the other parent thumbs their nose at doing anything?

The judge will be extremely unhappy.

[sunnyin_fl]

In reading a post below, someone brought up the questions of a timely evaluation.

My situation....2005 contempt..2006 makeup visitation, filed for custody modification based on numerous related factual events...documentation supplied to the court.  Parenting evaluation ordered in June.

I'm the father and NCP at this point.  My evaluation was completed as was the child's with me in October 2006.  These were to be completed the end of September, but I was given an extension for the child/mine due to the child being out of state.  I live in FL and FL has retain jurisdiction.  The mother still has not completed hers or hers with the child.  We have a case mgmt conference next Wednesday.  In the motion that was filed it addresses the fact that the PE has not been completed nor have her interrogatories and new requests for production.

1.  Is my session still considered valid?  New information has arisen affecting the child.  Missing 15 days of school (he's in Kindergarten), 10 tardies, not included in the 15.  Sick all the time....due to smoke inhalation and I'm not talking cigarettes.

2.  The evaluator did not request any collateral contacts nor an interview with either of our spouses...is this common?

3.  Should I ask for another session and present new information since it expressly relates to the childs wellbeing...ie: health, schooling.

4.  I thought a case mgmt hearing was a hearing to see where everyone was at and to set a final hearing date....what is your experience with case mgmt hearings involving custody when the other parent thumbs their nose at doing anything?

Thank you.

[socrateaser]

>1.  Is my session still considered valid?  New information has
>arisen affecting the child.  Missing 15 days of school (he's
>in Kindergarten), 10 tardies, not included in the 15.  Sick
>all the time....due to smoke inhalation and I'm not talking
>cigarettes.

It's valid, unless you prove otherwise, such as with the introduction of new evidence.
>
>2.  The evaluator did not request any collateral contacts nor
>an interview with either of our spouses...is this common?

Varies by case. Can't comment.
>
>3.  Should I ask for another session and present new
>information since it expressly relates to the childs
>wellbeing...ie: health, schooling.

I think it's proably worth a letter to the evaluator, but I'd leave it to him/her to decide if it warrants another interview.
>
>4.  I thought a case mgmt hearing was a hearing to see where
>everyone was at and to set a final hearing date....what is
>your experience with case mgmt hearings involving custody when
>the other parent thumbs their nose at doing anything?

The judge will be extremely unhappy.

[gollymolly]

i am not an attorney, but have been thru this for some time now.
do you have an attorney?

i ask because it is somewhat a given that you should supply the evaluator with a 'custody package' that would outline your case, which would include collateral contacts.  it is the best way to 'spoon feed' your side to the evaluator.

the other parent in my case also delayed the evaluation for some time. we handled this by contacting the evaluator (letter) and asking him/her to write a letter to the judge stating that he/she is unable to complete the evaluation because the other party has initiated his/her portion of the evaluation.

the judge wrote a letter to all parties, giving the other party 10 days to contact the evaluator and that the eval. would be completed without the input of the other party if he/she failed to do so within 10 days.

the other party did not comply, however the evaluator did not feel she had the authority to complete the report, but did write another letter to the judge. then of course the other parent finally showed.

i provided additional information to the evaluator at that time. and she also contacted me for a followup interview to inquire about things the other parent had stated.

hope this helps

[sunnyin_fl]

Thanks for the advice...too late now for the letter request...we have a case mgmt. conference on the 10th, (wed.).  We do have an attorney, and he suggested the case mgmt., conference instead.  Plus when we spoke to his asst. yesterday, he is ready to drop the hammer on her.  She has failed to comply with everything.  It is now affecting the child and he is going to try to bring that up in court.  He didn't want to file a motion to compel or anything and have to charge us money since we were able to get the case mgmt. date, he said he would bring it up in court.  We are going to ask that the report be done by the end of the month, so then we can forward our new information to him as well.

Thank you!