Welcome to SPARC Forums. Please login or sign up.

Nov 27, 2024, 05:03:14 AM

Login with username, password and session length

Home Eval...Whats the chance of judge going against recomendation?

Started by ExtraMom, Mar 15, 2004, 06:00:41 AM

Previous topic - Next topic

ExtraMom

We have had our court ordered home evals done by 2 different counties. Divorce final in 1 county, we live in another county and ex lives in third county. Ex's atty asked for home evals done and judge ordered each county to do them. Hers was done in Jan 2004, by a man from Child Protective Services who in Nov. 2003 substantiated a neglect report. He would not make a recommendation either way for the children to stay with her or come to us(since he didn't do ours). She has had may run ins with CPS and two substatiated reports. Ours was done on March 6th and she said she is recommending to the court that custody changes to us. She is very worried as we are about the children's safety w/ BM. BM is now moving on March 27th to an apt. with a pool(no lifeguard). This will be her 4th move in 3 years. Oldest is in 2nd grade and will be going to her 4th school. Twins in preschool finally(started this Feb.) and will start kindergarten in fall.  What are our chances of Judge going against recommendation of Home Eval? He ordered them by 2 different counties so he must have a plan to evaluate each report. Honestly what are the chances of him taking our recommendation and giving us custody? We iniciated & filed for custody. We have almost 1yr worht of evidence against her. She is also doing everything she can to interfere with visitation.
Any advice or help to ease our minds would be greatly appreciated.
Thanks!!!

socrateaser

A fair minded judge will try to give evidence the weight it deserves. If you present objective evidence from disinterested third party experts and that evidence tends to find for custody in your favor, then it's more likely than not that custody in your favor will be ordered.

I don't read tea leaves, I don't have all the evidence to review, and I don't know the judge involved, so it's impossible for me to speculate further on this, but based on what you've presented, it appears that your chances are better than 50/50.