Questions about the evaluator report and ex's character

[Gatordad]

Dear Socrateaser,

Background: Daughter is 11 1/2, my job moved me out of state (FL) to (TX) filed for custody 4/2004. in 2002 had "primary residence" removed from my ex-wife because of her arrest for "domestic battery and aggravated assault" in 2002. Finally had court appoint a custody evaluator in December 2004, the evaluation was from 1/2005 to 4/2005. Evaluator came back and said that 1- it was in the best interest of the child 2- my new wife has a son and they have been together since they were 4 years old. 3- my ex is totally financial dependent on her "sugardaddy" age 61. My ex is 35.


1. How much weight in a trial is given to a custody evaluation by a court appointed evaluator?
2. How much weight will her arrest in 2002 be given- pursuant that she is now divorced from him over a year ago (he was her 3rd husband)...
3. Since my daughter is almost 12 (born in march 1994), should we pursue having her write a Affidavit of Preference?---my daughter told the evaluator that she desires to move with me. Her aunt and soon grandparents on my side will reside in the same otwn as us in TX.

Thanks for your response........

Gatordad

[socrateaser]

>Dear Socrateaser,
>
>Background: Daughter is 11 1/2, my job moved me out of state
>(FL) to (TX) filed for custody 4/2004. in 2002 had "primary
>residence" removed from my ex-wife because of her arrest for
>"domestic battery and aggravated assault" in 2002. Finally had
>court appoint a custody evaluator in December 2004, the
>evaluation was from 1/2005 to 4/2005. Evaluator came back and
>said that 1- it was in the best interest of the child 2- my
>new wife has a son and they have been together since they were
>4 years old. 3- my ex is totally financial dependent on her
>"sugardaddy" age 61. My ex is 35.
>
>
>1. How much weight in a trial is given to a custody evaluation
>by a court appointed evaluator?

90%+

>2. How much weight will her arrest in 2002 be given- pursuant
>that she is now divorced from him over a year ago (he was her
>3rd husband)...

10%-

>3. Since my daughter is almost 12 (born in march 1994), should
>we pursue having her write a Affidavit of Preference?---my
>daughter told the evaluator that she desires to move with me.
>Her aunt and soon grandparents on my side will reside in the
>same otwn as us in TX.

Leave it to the evaluation report. Keep the child out of it.

[Gatordad]

Dear Socrateaser,

Thank you for your response.  I do have another questions:

My ex-lives with a 61 yr old man-has no bills of her own to pay, he provides her with a Mercedes.

She has no job-(wrote me letter 1 yr ago saying that she was going back to school)-has not done anything yet

her "boyfriend/live-in is paying the legal bills now, but my attorney called yesterday and advised me that they are to despose 20 people for the trial for july.  I don't much mind who or how many, but my attorney also said that because she has no job or income, she can call for a fee hearing and try to get the Judge to have me pay for her legal bills that they are purposely running as high as they can get them.

1. Can she do this?
2. With the letter, is that sufficient evidence that she ended her employment voluntarily and ability to pay her own legal bills?
3. What are her chances of success with this fee hearing?

PS--This is in the State of Florida

[socrateaser]

>1. Can she do this?

She can try.

>2. With the letter, is that sufficient evidence that she ended
>her employment voluntarily and ability to pay her own legal
>bills?

By itself, it's not real powerful, but if you put all of the circumstances together, you may be able to convince the judge that this is just an improper tactic to try to force you to settle on her terms.

>3. What are her chances of success with this fee hearing?

I don't read tea leaves. However, I think it fair to ask what is so complex about your case that it requires deposition of 20 witnesses? This sounds like a scare tactic, and even if it's true, how many of these witnesses really have anything relevant and unique to say about your case. I would argue that the number of deponents should be limited by the court to list of those who are most likely to contribute material and relevant evidence.

[Gatordad]

You are exactly correct, my ex basically told me she will try to make my friends hate me and try to get me fired (As she has sent subpoena requests to the two owners of the company that I work for.)

1. Since all they can do is attest that I am decent employee, I do have a paycheck, and I was required to relocate for my job to Texas, Can I just have my boss's claim "the Fifth amendment" on everything else? Or would that make me look bad?

They have never seen me with my daughter so I do not know what else they could add ...........

 

[socrateaser]

>You are exactly correct, my ex basically told me she will try
>to make my friends hate me and try to get me fired (As she has
>sent subpoena requests to the two owners of the company that I
>work for.)
>
>1. Since all they can do is attest that I am decent employee,
>I do have a paycheck, and I was required to relocate for my
>job to Texas, Can I just have my boss's claim "the Fifth
>amendment" on everything else? Or would that make me look
>bad?

When a witness asserts the right to remain silent, that person is raising a huge red flag. In a criminal trial, neither judge nor jury is permitted to infer anything from such a statement, made by a defendant, as in refusing to testify. But, if it's made by a party, or third-party witness, in a civil action, like a divorce, the judge can infer that something criminal is afoot.

The best move for any witness is to answer: yes, no, or "I don't remember." The more convoluted one's answers are, the more likely they will be misinterpreted.

[Gatordad]

In an earlier asswer, you told me that the court appointed custody evaluation usually carried at least 90+% of the decision that the judge uses to  choose in a custody case.

My ex has now hired a PhD. Psychologist to say how incorrect this report is.  I konw they can introduce whatever they wish, but

1. Are we not getting into another he said-she said battle?
2. How does her testimony get introduced?  deposition or do they just call her on the day of the trial?


This just seems like it will never end.

help.  any suggestions??????

[socrateaser]

>In an earlier asswer, you told me that the court appointed
>custody evaluation usually carried at least 90+% of the
>decision that the judge uses to  choose in a custody case.
>
>My ex has now hired a PhD. Psychologist to say how incorrect
>this report is.  I konw they can introduce whatever they wish,
>but
>
>1. Are we not getting into another he said-she said battle?

Yes. But, now it's expert he said-she said.

>2. How does her testimony get introduced?  deposition or do
>they just call her on the day of the trial?

Either way or both.

>
>
>This just seems like it will never end.

It will end when the child(ren) are all adults.

>help.  any suggestions??????

You can hire your own additional expert to support the evaluator's report and rebut your opponent's expert. Or, you can have the evaluator testify and rebut the psychologist's testimony, or you can do both.

How much money do you have, and how badly do you want to win? If you want to win at all costs, then you will spend everything you have and hope that you can overwhelm the opposition.

I can't advise the best move -- only you can make the call.

[Gatordad]

In an earlier asswer, you told me that the court appointed custody evaluation usually carried at least 90+% of the decision that the judge uses to  choose in a custody case.

My ex has now hired a PhD. Psychologist to say how incorrect this report is.  I konw they can introduce whatever they wish, but

1. Are we not getting into another he said-she said battle?
2. How does her testimony get introduced?  deposition or do they just call her on the day of the trial?


This just seems like it will never end.

help.  any suggestions??????

[socrateaser]

>In an earlier asswer, you told me that the court appointed
>custody evaluation usually carried at least 90+% of the
>decision that the judge uses to  choose in a custody case.
>
>My ex has now hired a PhD. Psychologist to say how incorrect
>this report is.  I konw they can introduce whatever they wish,
>but
>
>1. Are we not getting into another he said-she said battle?

Yes. But, now it's expert he said-she said.

>2. How does her testimony get introduced?  deposition or do
>they just call her on the day of the trial?

Either way or both.

>
>
>This just seems like it will never end.

It will end when the child(ren) are all adults.

>help.  any suggestions??????

You can hire your own additional expert to support the evaluator's report and rebut your opponent's expert. Or, you can have the evaluator testify and rebut the psychologist's testimony, or you can do both.

How much money do you have, and how badly do you want to win? If you want to win at all costs, then you will spend everything you have and hope that you can overwhelm the opposition.

I can't advise the best move -- only you can make the call.