Custody evaluator closing case

[momoftwinz]

STBX and I had a appointment last Monday where he called and cancelled with the evaluator and she told him he needed to contact me to tell me and discuss when to reschedule. Well he didnt call me and still hasnt called me. So she is giving him until end of business today to call. Hes not going to - so the case will be closed - anyone know what would follow this?? Can it be started again or have I won by default?

Thanks

momoftwinz

[DecentDad]

Hi,

It's not clear if you had previously met with the evaluator or not.

If so, then it doesn't look good for your STBX, but it's not necessarily a "win by default."

If not, it could strongly be to your advantage to go through the evaluation by yourself.  Evaluator will note that STBX refused to participate, but after observing and interviewing you, you look like a competent parent.

If you have a belligerent co-parent, you DON'T want to walk into court with a he-said-she-said situation.  The judge may cast both of you in the same light, not know who to believe, and not know what orders would be best.

Judge may feel like, "Okay, we tried evaluations, and that didn't get us anywhere -- I don't care who's fault it was -- so now I just need to throw a dart."

On the other hand, if you have an evaluator saying there's nothing wrong with your parenting, but the other parent refused the evaluation, the judge will quickly figure out what's up.  Even though the evaluator's report would be out of balance (i.e., just you), the judge will make orders that will probably favor you.

Talk with an attorney on this one... even if only for a consultation.  This could be an important decision on how you handle it.

DD

[momoftwinz]

STBX - left in July 2003  (to go live with OW 2 hours away) and visits our children every other weekend. Is unemployed and gets unemployment - no child support given in last 8 months. He qualified for legal aid because of his unemployment.

Anyway ----

Last court date was 2/10 to establish temporary custody which was granted to me. STBX requested custody ( to avoid paying child suppot) which Judge did not want to allow but HAS to as thats his legal right.

We were set up for initial appointment with custody evaluator Monday 3/8. He didnt show up. I did. He was contacted and told HE must reschedule by 3/15 or case will be closed. SO there has been NO evaluation. Only meeting was the evaluator seeing me in waiting area to tell me that STBX wasnt showing up where I immediatly went into tears out of frustration and he calling me on 3/15 saying DO NOT contact STBX - it is HIS responsibility to contact me.