Santa Clara County Assessment

[forthekids24]

I have been PCP since Mom walked out more than 10 years ago.  Mom moved out of the area 2 years ago and then back in March.  She is wanting 50/50 now.  I have been fighting this as I don't believe it is in the best interest of the kids.

After to JCC's we were referred to assessment.

First assessment meeting was last week.

Assessor met with attorneys for ½ hour and then with me for 15 minutes.  Assessor told me to return at 1:30 and she then spoke to Mom.  (What I did not know at this point was Mom's attorney and Mom both pushed the assessor REALLY hard to bring the kids in)

When I returned, mom was there with the kids.  Assessor then spent 30 minutes with younger daughter, then 20 minutes with older daughter and then called younger daughter back in for another 15 minutes.

After they were done, Mom took the kids and left.  (Mom has first week of Christmas vacation this year)

My wife and I then went in to meet with the assessor.  The assessor basically berated me for being an involved father and told me that my involvement with my kids school was preventing mom from being involved.  She made numerous other references in Mom's favor and against me and my wife.  Assessor also gloated how she pulled our criminal history and that either my wife or I had not been arrested, and that Mom hadn't either.  I know for a fact that Mom has been arrested, she was arrested for punching my wife.  When I corrected the assessor, this just seemed to make her more upset with me.

Assessor then went on to inform me that she had asked the kids what they wanted and they said what mom was asking for was what they wanted.  

I don't understand how she could effectively question the kids after only spending 15 minutes with me and not gaining a full understanding of the issues.

I have never spoken to the kids about the court proceedings, unlike their Mom.

The assessor basically told me that no matter what my concerns were that Mom could ask for 50/50 and unless she was physically abusing the kids she would get it.

It is my understanding that the assessors job is to "assess" the situation and make a recommendation.

1)   How can I prove that the assessor is biased against me?
2)   Can I ask for a new assessor now?
3)   Does it look bad on Mom that she has been pushing to involve the kids?
4)   What would be the next course of action (make a deal and just wait for mom to move away again)?

Thanks
FTK

[socrateaser]

>1)   How can I prove that the assessor is biased against me?

Did you record the interview? If not, then it's your word against the assessor's as to what took place. You can certainly testify to the court that you feel as though an adversarial relationship existed between yourself and the assessor and that for that reason you would like the assessor disqualified.

That could backfire, because if the court refuses, then the assessor will know you tried to dump her. But, if the interview was actually as hostile as you suggest, then it may be worth the risk.

Frankly, I doubt that things were as serious as you think they were, because it's hard to be objective in such circumstances, but, I wasn't there, so I can't really comment further.

>2)   Can I ask for a new assessor now?

See above.

>3)   Does it look bad on Mom that she has been pushing to
>involve the kids?

Probably not, since the assessor doesn't think so.

>4)   What would be the next course of action (make a deal and
>just wait for mom to move away again)?

You need to evaluate with your attorney why the assessor believes that 50/50 is such a fait accompli in view of your historically pervasive custody and the mother's historical lack of involvement. Until you do that, nothing I could advise from a distance would be meaningful. Something is going on in this story that is not being reflected in your posts, because the suggested outcomes are simply not close to what would ordinarily be expected, which would be maintaining the existing status quo.

[forthekids24]

Thanks Soc,
I have laid out all the facts, there is nothing else going on that is not reflected.

We are all scratching our head on this outcome also.  We even asked the assessor why she was attacking us for requesting that the status quo be maintained, her only response was that Mom could always ask for whatever she wanted.

I am kicking myself for not brining a tape recorded to the meeting, but then again I never thought it would turn out this way.

I appreciate your feedback.

FTK