Custody Evalutions

[lovemykids2]

 I had a custody evaluation done and received the report. It states the primary Residential should remain with the mother. I was looking to change custody because she is not doing what she should on her part. Since the case started the childrens grades have improved, Im sure this is because of the case. My question is how heavy are the evaluations in deciding custody. SHould I continue to fight or throw in the towel???

lovemykids2

[mistoffolees]

Depends on the circumstances.

Who requested the evaluation? Who chose the evaluator? Was it court ordered? Is there any obvious bias? Was there factual information that the evaluator did not consider in making his report?

In general, courts like to put a lot of emphasis on custody evaluations, especially when there's no reason to think that it's unfair (such as when both parents are involved in choosing the evaluator). Basically, the presumption is that CEs are trained to evaluate what's best for the kids but judges are not, so many (not all) judges prefer for the 'expert' to make an evaluation.

Then, a lot depends on what 'she is not doing what she should on her part' means. If the kids are currently doing well in school, well clothed, well fed, and the CE says they should stay with the mother, you're going to have an uphill battle unless you have something you're not disclosing - particularly related to the above questions.

In my case, we had an agreement for 50:50 parenting. We have been alternating weeks for the 5 months we've been apart and my daughter is thriving. My stbx changed her mind after seeing my financial settlement offer and demanded a custody evaluation. She and her attorney gave us 3 names and we selected one of those 3. The evaluation said that we should leave things the way they are. Both my attorney and Soc said that it would require some very major blunder on the CE's part to make the judge ignore that recommendation.

[lovemykids2]

 She wanted it done and it was court-ordered. She moved the children around  7 times in the last 2 years, had them living in a 2 bedroom apartment with 9 other people. She also informed the school and doctors office not to give me any information about them without contacting her first. she said in the report that she wanted to know where the children where at all times. in response to her moving she said she wanted to be closer to her job. The report is full of excuses she gave the evaluator. What I want to know is will it be wise to continue the case.  All of her evidence contradicts itself. So do I still have a shot at giving my children the life that they deserve.

lovemykids2  

[mistoffolees]

I would say you'd need to talk to a local attorney.

While all those things are a concern, you're going to have to prove that:
a. The Custody Evaluator didn't consider them

and

b. If the Custody Evaluator HAD considered them that it would have changed his recommendation.

and

c. The kids would be better off with you.

That's all going to be hard to prove, but a local attorney might have some experience.

I'm just curious why she would ask the court for a custody evaluation with that kind of history.