Collateral witnesses

[desperado]

My estranged wife and I are going into a custody evaluation re: our two children boy (9) and girl (12).
 
a)Mother has attempted suicide and written the children a note.  
b)Mother has assaulted me and was arrested for Domestic Violence.
c)Mother has been court-ordered to stop taking sleeping pills and painkillers.
d)Mother denies all the above or says its not an issue.

Mother has a group of supporters (friends and a pastor from church) who are siding with her and stating that she is just fine.

1) Do I need to worry about or "counter" these witnesses?  They seem to be in left field anyway.

2)  How and who should I provide as collateral witnesses for the custody evaluation?

Desperado

[socrateaser]

>1) Do I need to worry about or "counter" these witnesses?
>They seem to be in left field anyway.

Character (not "collateral") witnesses are relevant in a custody action, to testify to a parent's personality traits, because those traits are relevant in determining fitness to parent.

So, if your ex intends to produce character witnesses, then you may want some of your own.

>
>2)  How and who should I provide as collateral witnesses for
>the custody evaluation?

I suggest that you ask the evaluator what he/she believes will be helpful. I also suggest that you concentrate on what's good about you, rather than what's bad about your ex, because custody evaluators are trained to watch for signs of vindictiveness and hostility. If you concentrate on wanting to do whatever will advance the child(ren)'s interests, even though it might decrease your custodial time, you may find that the evaluator will view you as the better parent -- especially if your ex is stomping on your grave.

[mistoffolees]

It's also worth checking on the rules for your particular custody evaluator.

For example, my evaluator said he would only consider testimony from state-licensed professionals - teachers, doctors, counselors, etc. I don't think even pastors would be considered (although I didn't ask).

My daughter spends half of her time in each home (alternating weeks) and we use the same baby sitter at both places, so she's equally exposed to both sides. The evaluator would not talk with her because she's not licensed.

You might save some time by finding the rules before moving.