How to file motion for custody evaluation?

[sumshine]

Hey all,

I have to represent myself from here on out.  I'm planning to hire a custody evaluator soon, my case is currently waiting for an appeal date.  I'm in Louisiana.  Do I have to wait for the appeal to be done and jurisdiction be handed back down to the trial court?  BTW it is a purely civil case.  The statutes say that either party can request an evaluation for good cause shown.  How do I go about showing cause?  Are there examples of requests for custody evaluation somewhere?

Should I subpoena police to bring in evidence that was not brought in during the hearing?  Should I subpoena witnesses, neighbors, family, etc?  Does this need to be done to request the eval, or just show all the material to the evaluator?

Thanks

[Waylon]

Read some of these articles:

A Guide To The Parenting Evaluation Process (http://deltabravo.net/cms/plugins/content/content.php?content.44)
http://deltabravo.net/cms/plugins/content/content.php?content.44 (http://deltabravo.net/cms/plugins/content/content.php?content.44)

Specific Items To Ask For In A Parenting Evaluation (http://deltabravo.net/cms/plugins/content/content.php?content.43)
http://deltabravo.net/cms/plugins/content/content.php?content.43 (http://deltabravo.net/cms/plugins/content/content.php?content.43)


Sample Parenting Evaluation Report (1) (http://deltabravo.net/cms/plugins/content/content.php?content.32)
http://deltabravo.net/cms/plugins/content/content.php?content.32 (http://deltabravo.net/cms/plugins/content/content.php?content.32)

Sample Parenting Evaluation Report (2) (http://deltabravo.net/cms/plugins/content/content.php?content.31)
http://deltabravo.net/cms/plugins/content/content.php?content.31 (http://deltabravo.net/cms/plugins/content/content.php?content.31)

Sample Parenting Evaluation Report (3) (http://deltabravo.net/cms/plugins/content/content.php?content.30)
http://deltabravo.net/cms/plugins/content/content.php?content.30 (http://deltabravo.net/cms/plugins/content/content.php?content.30)

What Does The Psychiatrist Want To See? (http://deltabravo.net/cms/plugins/content/content.php?content.364)
http://deltabravo.net/cms/plugins/content/content.php?content.364 (http://deltabravo.net/cms/plugins/content/content.php?content.364)

Choosing A Custody Evaluator (http://deltabravo.net/cms/plugins/content/content.php?content.126)
http://deltabravo.net/cms/plugins/content/content.php?content.126 (http://deltabravo.net/cms/plugins/content/content.php?content.126)


And a more general search with many references:
http://deltabravo.net/cms/search.php?q=evaluation&s=Search&r=0 (http://deltabravo.net/cms/search.php?q=evaluation&s=Search&r=0)

[ocean]

Where are you exactly?
1. Are you in family court or supreme divorce court?
2. What are you appealing? Did you already have a trial for custody and you are appealing that ? or appealing just jurisdiction?
3. What exactly do you have on paper now from any court regarding custody? temporary orders? any court orders ever?
4. How old are child(ren)?
5. How far away do you live from them? If children are school age, are you in same school district?
6.When is the last time you saw child (ren) and if they are old enough what are their wishes at this time (over 12).

[sumshine]

Thank you for the links.  While they are informative about what the evaluation process is, what I need is how to present the motion to request a custody evaluation to the judge.

During the first hearing my lawyer asked the judge for an evaluation of my spouse and the judge denied it.  My wife severely perjured herself during the hearing, and I have some evidence to back this up.  I have some collateral contacts that my lawyer didn't subpoena, who can also back up things that I'm saying and further show that my wife was lying about some things.  I even have a recording saying that she does not have to explain what she is doing with my daughter, and she refused to have discussions about child-rearing.  None of this made it into court.  The judge ruled her credible and gave her temporary sole custody.  I'm appealing on several grounds, and waiting for the date, which will hopefully be in the next month or two.  But I no longer have money to pay a lawyer and must proceed on my own.

I do not know of course what the outcome of the appeal will be.  But I have to consider that no matter what there is still the fight to get my daughter back.  So I'm having to figure out how to get custody of my daughter when we never should have been separated to begin with.  And what truly needs to happen is a deep evaluation.  But I seem to be up against a tall mountain to getting the right thing done. 

When a motion for custody evaluation is filed do I have to include all the supporting evidence with it?  Or is it simply a document requesting that a hearing date be set?  And then at that hearing is it basically another trial where witnesses and evidence be presented in the correct manner and cross-examination take place? 

Does anyone have examples of the actual motions to request custody evaluation that have been filed with courts so that I can see how they are setup and what is included in them?

Again, the law states that either party can request an evaluation "for good cause shown"  I'm trying to find out how to show good cause to the court so that they will order that the evaluation be done.

Thank you

[ocean]

So far only temporary orders were given and you are continuing the hearings for perm orders/divorce? Usually temp orders are given just to start the process and make sure child is taken care of and both parents have access to child. Did they give you temp visitation orders until next hearing?

As the process/hearings go on usually the evaluation is ordered during that time, not in the temp hearing. From what I have seen, it can be a verbal request during the regular hearings and judge orders it. Some states parents must pay for the evaluations, some states if the courts order it, the state pays. Might be worth paying a lawyer a consult hour and have them help you.

It is very hard for a father to get full custody. It takes abuse/neglect. Push for joint custody and as much time that your work schedule allows. You can make a great parenting plan and not have custody. If you have wording in there that gives you rights to medical and educational records (almost the same as joint custody). Have First Right of Refusal- if mom needs a babysitter , she must call you first over family/friends/step parents. Have schedule when child is off of school, most days she is with you. Your weekends can start Fri after school until mon drop off at school. So much you can do with the parenting plan.

Maybe drop the appeal on the temp orders and go to trial over the custody /finish divorce. Talk to a lawyer for an hour and figure which direction to go.

[MixedBag]

You're not gonna like what I have to say....

My EX#3 had to appeal a decision from the lower court to the state's level court. 

That appeal says the "lower court" did not follow the law --

It's not supposed to be an opportunity to present additional evidence that should have been submitted during the lower court hearing.

The appeal court usually has one of three decisions to make: 

Uphold the lower court.

Reverse the lower court.

Remand back to lower court.  If it's remanded -- then you get another hearing and can do what you are thinking. 

EX#3 had all three happen to him on different aspects of the decision.

IMHO the time for a motion for a custody evaluation is OVER.  .... because you have a decision.  if it's remanded theny you can file a motion to ask for one.

Sorry, gotta run!   and I'm no attorney.

[sumshine]

My wife assaulted me while I was holding our infant daughter and chased me out of the house.  I called the cops.  While I was at work a few days later she took off with my daughter and got a protective order.  And again this is purely a civil case. At our hearing the police report didn't get in because my first lawyer didn't subpoena the police.  My wife perjured herself severely on the stand, even contradicting herself within her own testimony, and I have some proof of that, including the police body worn camera footage.  I requested a custody evaluation at the hearing but the judge refused.  So she got temp sole custody and I got supervised visitation once a week for 2 hours.  But it was 3 months before I saw my daughter the first time, and the first 6 times she cried the entire time, whereas before she had been happy and loved falling asleep in my arms. She refused to let my mom see my daughter when she came to visit.  I got a new lawyer and we requested a new trial to subpoena the police and the judge refused. I have a recording of my wife saying she does not have to talk with me about child-rearing.  She even stated that she was refusing to talk about it with me during the hearing.  She refused to go get checked out for post partem issues.  And I have other people who witnessed some of her behavior that was alienating and isolating.  She refused to breast feed my daughter one night, and another time refused to recognize that a rash my daughter had on the back of her head came from uncleaned breast milk, instead tried to use it as a manipulation tool.  She lied about conversations with the first pediatrician.  Just some examples. But my first lawyer didn't get any of it in.  I asked for a divorce at the hearing and the judge said no.  On top of which my wife is from another country and we were in the process of getting her residence.  She disappeared 3 weeks before the interview so she is now in the country illegally.  She had threatened on a couple of occasions to take my daughter back to Israel, once even stating so she could grow up and join their army, which of course scared me, and it's not my daughters war.  I am now waiting on the appeal date, all the briefs are in, so it should be soon that we get a date, hopefully in the next month or two.  Then she changed pediatricians without me knowing, but there was a 5 month gap between pediatricians, and the new pediatrician refuses to speak with me.  My daughter was diagnosed with a major muscle development disorder (it took me 2 months to get my daughters medical records), which I believe comes from her not getting the proper love and attention she needs.  My wife put my infant daughter in day care 5 days a week at less than 1 year old.  My daughter is now 15 months old and has just been crawling for a couple of weeks, when she was almost crawling at 5 months.  Full custody for me is the only acceptable outcome from this.

I have found a generic motion for custody evaluation.  I understand now that what it is is just a request for another hearing date so that we both can present evidence and testimony.  And I am completely out of money, literally, I had to borrow money from my family to pay rent and child support.  It has already cost me at least $20000 in legal fees.  My savings and retirement are gone, my credit has taken a major hit.

Thank you for your replies

[ocean]

You have a lot going on.
The hearing you went to was for a restraining order which is why the judge would not decide anything else. The judge had to make a decision about visitation as the restraining order probably says you can not be around wife and child is pretty young.

Has your lawyer filed anything with family court or divorce in supreme court? A divorce action usually would solve all issues at the end and dissolve the protective order but would take time. It seems you do not want to go this route to keep wife in country?

Lawyer can file a few things in family court.
1. Restraining order for child to stay in the USA- give up passport for child if child has one. With sole custody she has the power to get a passport without you right now.
2. File custody and parenting plan in family court without a divorce. This also will take time to hash out but you can have a court date in few weeks and up the amount of parenting time you are getting with child now.

We used to have a lawyer on this site but no longer do. We are all just people who have over 10+ years experience with the US courts and many of us represent ourselves now as it does cost thousands of dollars for one case.

I know you do not want to hear this but you really do not have enough to change custody of a baby into your care. Judges hear and give out protective orders in many cases. This is to calm both sides down. In the US, daycare starts at 6 weeks AND usually split between parents so parents can work. You could ask to have child while she is at work if you are home. It will be very hard to prove that daughter's medical issues are from poor parenting by mother so be very careful with that. Go see some specialist and learn about disorder and what you can do on your parenting time. You need to stay calm at these hearings and do not bad mouth mother. Let lawyer give facts but you stay calm and just want to be with child. Father's in this country do not get full custody unless mother is involved with child protective services and is neglectful to the point the child is getting hurt. Maybe go see another family lawyer and see if you are getting the same legal advice.

Good luck!

[sumshine]

My daughter and I never should have been separated in the first place.  That my wife did that, along with everything else is very much reason that I have full custody of my daughter, as my wife actions and decisions have plainly not been in my daughters best interest.  Period. 

And separating my daughter and I did not calm things down, it made it all worse.

Again, I literally have no more money, and no lawyer has been any good to me.  I could not have done any worse had I represented myself not knowing a single thing about the law.

As long as we are married she has to have my signature to get my daughter a passport.  So I guess it's good that the judge refused the divorce when I first asked.

But the second lawyer I had was telling me that I couldn't make any requests for changes in custody or parenting plans etc with a pending appeal.  And at this point I am not dropping the appeal.

What about going to the DA to have charges of perjury, assault, etc, filed against my wife?

[ocean]

If she has temp sole custody without travel restrictions she most likely can get a child passport without your consent. The ONLY way to get it without both parents is with sole custody. Joint custody needs both parents.

I understand you are very upset only having min time with child but what you are saying happens in most family court cases. The restraining order slows things down and keeps the ex's apart for a while to cool down (yes, child is put in middle but the visits are controlled by courts and not by either parent to calm things). In most US courts, young children stay with mother but many courts are starting to give joint legal custody and some even joint physical custody. It is very very RARE a child will be taken from mother without major issues. It is not fair and the system in broken so try to work with the system/mom so you can see child and be in child life instead of fighting for years in court.

Do not understand why a lawyer would tell you to appeal a temp order when it is only temporary? Restraining orders are usually kept in place for a year sometimes another year to keep things calm until a divorce happens or custody papers are settled.

To overturn an appeal , like someone else said, you have to prove that the courts did not follow the law. It does not give you the right to bring up additional information as your lawyer should have done that the first time around.

Many lawyers you can hire to draw up papers, or attend hearing only. Some do payments plans. You can ask someone to see you for an hour and pay for a consultation to see what you can do. Filing an appeal on restraining order case should not interfere with you starting a custody or divorce action in court. EVENTUALLY you can bring the two cases together and have the restraining order dropped due to the custody papers outline the rules of visitation/custody. The next step probably to try to get back to court so increase visitation time but really need someone to look at what you have. What state are you in?