JPC/Custody Evaluation

[ball]

Well it has been awhile since I have been on here.    This has been a long 1.5 years.     Background:   Mom left when our daughter was 6 months old, so she is now 2.    Mom has had her since she has left. It has been like pulling teeth, but with my flexible work schedule has allowed me to see her almost everyday since she has left (long story).   I have had 1 overnight since Jan. (another long story) and have tried and tried to get another overnight.   We have both built houses within 1 mile of each other.  

We have lastly been going to a custody evaluator for the past 8 months and just got his report back and he followed the APA guidelines.  The evaluator recommended Joint legal and Joint Physical custody.   I scored higher on every section of the ASPECT test than mom did.   I scored 92% on the Parenatal Custody Index, mom scored 82%.     Bottom line is that we are both good parents.

Mom is disputing the report and wants to call the evaluator to the stand.   So the court date has been pushed back until Dec.    She is claiming since I hired the evaluator that the evaluator was biased.   At the first session the evaluator asked Mom if she wanted to pay for half of the cost, if she felt there would be any biasism, which she refused.  

I am looking for anything that I should be doing or look for to prepare for court?   I have kept a good journal from day 1 and think I can prove that mom is controlling and feels the child is hers, which is confirmed in the report.     There is a fine line in going into the court room trying to show the court what my daughter and I have been through and showing the court that we can get along.      

Any thoughts will be greatly appreciated.

God has guided me through this whole process and I give him all the credit.    

[Sunshine1]

Do you have a lawyer, or are you representing yourself?

What state are you in?

What is your current visitation schedule?

We could all be more helpful with a few more details.... The evaluator is usually what the judge is in favor of because they do not have time to investigate the situation, so that is what they are in place for.

Sounds good so far, just post more so we can give you more input....I know the story seems long.. :)

Sunny 1

[ball]

I have had an attorney from the start.   She is suppose to be the best trial attorney in this area.

I live in Indiana.    

Mom is a teacher and is off all summer.  During the summer months I seen my daughter Tues and Thurs for 3 hours and 1 overnight on the weekend.  

While mom is working I have seen our daughter every day.   I spent  a lot of money arguing back and forth that it would be better for our daughter to spend time with her father over a babysitter.    I had an evaluator and custody evaluator tell her the same thing and Mom has finally agreed to let me go get her a total of 3 times over a 2 week period for 4 hours from the babysitter.     I then go back and work in the evenings.     She has gymnastics 1 day per week, so I get to see her there a little bit and then I see her at church for a little bit on Sundays.    In a nutshell I would guess I have gotten to spend at least a little bit of time with our daughter about 90% of this 1.5 year period not counting this past summer.    It has always been when, where, and for how long mom has allowed it.  

We have no preliminary order set on this case.  

I currently only get 1 overnight per week and have only been getting that since last Jan.

We went to a mediator for 6 months and could never get anything worked out.   Mom never offered more than the guidelines which is every other weekend and 1 day midweek.     I then found out about custody evaluations and we went to him for about 8 months.  

I agreed to pay for mediation because it was with a psychologist and I agreed to pay for the evaluator to get mom to go.   Mom was offered to pay for half if she felt there would be any biasism, which she refused.  

If you need anything else let me know and thanks for all the help.    

[Sunshine1]

My DH has custody of his 2 sons and I will tell you one thing, it was not an easy road.

In court, if you testify, always refer to your daughter as "our daughter".  BM's like to use "my daughter".  Our judge picked up on that.  Do not make any derrogatory remarks about the BM, no matter what, state only facts.  Bring all the documentation that you have..ALL of it.  This will only help you.

It sounds like you are on the right road already.  The evaluator or mediators recommendations are going to play a big role in your case.

I don't think we would have been granted custody of the kids if the evaluator didn't see what was really going on.  Our judge went with the evaluator's recommendation.

Good Luck and keep us posted. :)

[ball]

Thank you

[ball]

Thank you