We received the recommendation from evaluator - now what?

[United]

Hi Everyone,

We just received the report from evaluator, and due to the mother's troubled lifestyle and poor parenting she recommended giving dad physical custody and mom visitation.  We are thrilled! While we are pleased that dads concerns were heard and validated with the recommendation we are wondering what happens next? We have a hearing date coming up.  Does the judge always/usually/sometimes adopt the mediation recommendations?  What can be done to stall or prevent the recommendation from being adopted by opposing counsel?  If the mother changed attorney's, would she automatically get to post- pone the hearing date?  

We would like to take a moment and be pleased, but feel that until it is adopted by the court, we aren't safe.  

What is your experience getting a recommendation adopted.  We are in California BTW.

Thanks!

[Peanutsdad]

It's really an individual judges actions concerning recommendations for Dad.

Some almost never go against a custody eval report,, others do.

What I WOULD do,, is research your judge and how he/she typically goes on that eval.


In my own case,, thejudge almost never goes against the report.


As far as her changing attorneys,, that also is really up to the judge on whether to grant a continuance. Once again, my judge informed my ex no continuance would be granted,, he wants the case done and off the books.

[Troubledmom]

Generally speaking, if the court you are dealing with is a consolidated court than the mediators recommendation will be adopted. There are only a few California Courts that are not consolidated courts now. If the report isn't adopted, what usually happens is the matter is set for trial.
There are of course exceptions, but if the mediators report is not adopted, you have grounds for an appeal. There is information on mediators reports both at the California Code site and at the California Court Info Site.
Those Websites are at:
http://www.leginfo.ca.gov/calaw.html
http://www.courtinfo.ca.gov/

Hope this helps you.

TM

[United]

This was very helpful.  Thank you.  My only remaining question is if the judge adopts the report can the opposition still ask for a trial or is it a done deal?