Really wanting an evaluator

[Bradley]

I have been reading a lot on your site, the custody site and everyone talks about evaluations and I have done some research on them.
I am the Texas NCP and have recently in the past year gone back to court and won extended standard visitation.
My daughter who will be 8 in May is a lot more  verbal about her wishes to stay with my wife and I more. Things are good sometimes with the CP mother  and sometimes they are not, it is like walking on eggshells.
If things aren't that bad, right now, but have been in the past,
1. Should I request an evaluation for week on week off visitation? (We would wait until September)
2. Does the CP have to participate in the evaluation?
3. How do I go about beginning the process?
4. Do I have to have a lawyer or can I file myself?

Thank you. I tried to follow the rules. Bradley

[socrateaser]

>1. Should I request an evaluation for week on week off
>visitation? (We would wait until September)

An eight year old child's testimony is simply not competent, unless you can show that this particular child has an extraordinarily high level of maturaty. So, if you're kid is writing operas or novels then I think that you may be able to get somewhere, but otherwise, unless the mother is abusing the child or putting the child in harm's way, then you're probably wasting your time.

>2. Does the CP have to participate in the evaluation?

Eventually, if you were to overcome the initial burden of showing a substantial (clear and convincing) change in circumstances, then the eval would include home studies of both parents. But, I don't think you can meet the initial burden, so you're never going to get to that home study.

If you just want to bring the child to a therapist to ascertain whether the child genuinely wants to get away from the CP, then, assuming that your court orders grant you joint legal custody, you can take the child and have him/her evaluated and try to build a case.

>3. How do I go about beginning the process?

See above.

>4. Do I have to have a lawyer or can I file myself?

Legally, you can do it yourself -- but, it's a pretty daunting amount of procedure to overcome. I don't remember your case and so I can't really comment on your likelihood of overcoming the initial burden, beyond what I've already mentioned.

FYI: This is not "my" website. I have no affilliation with SPARC other than moderation of this particular board, although I have respect for SPARC's purposes and an appreciation of my being permitted to try to help others in this forum.