Interrogatories

[TJRodolph]

Hi Soc, You have helped me out enormously in the past! Thank you! I do have a question or two however. My 1st hearing for my Change of Custody Motion is 2/14/06.

I sent out a 1st Interrogatory request to the custodial mother asking questions like "what is the child's school name and address, what is the child's doctor name and address, etc. The 30 days is up and the CP has not responded as expected. I am getting ready to send a 2nd Request (going thru the motions so I can file a Compel Discovery).

I also want to know her employment dates of how ever many jobs she has had in the last few years, and also what her work schedules were for each job. I also want to ask what insurance the child has been covered under the last year, since I provide court ordered insurance, but she has never used it. I did not ask those questions in the 1st Interrogatory.

CP and child live out of state from me, they moved without court order or my permission and the courts have stated that in my parenting time order I got last year. Neither me or the CP has a lawyer.

I am not too worried about her requesting a change of venue, as I don't think she realizes she can. However, I can argue that the child was born in my state, I live in this state still, and they moved without court order and have ruled on other motions regarding this case in the past year.


My questions are:

1. Can I add a new question to the 2nd Request, or do I need to do up a separate new one?

2. Do I need to bring any evidence to this 1st hearing other than the big stack I submitted with the motion/affidavit?

3. Assuming the judge will suggest or order a custody evaluation, what is the process being that the CP and child live out of state?

4. Since I have received a waiver of fees from the court, can the judge actually order something that I would have to pay for?

[socrateaser]

>My questions are:
>
>1. Can I add a new question to the 2nd Request, or do I need
>to do up a separate new one?

Separate, but you don't need a second request. Just "serve" a letter stating that her time to answer is up and that if she doesn't respond within X days, that you will file a motion to compel discovery and for sanctions.

>2. Do I need to bring any evidence to this 1st hearing other
>than the big stack I submitted with the motion/affidavit?

I don't know. Your question is too wide open.

>
>3. Assuming the judge will suggest or order a custody
>evaluation, what is the process being that the CP and child
>live out of state?

You'll have to either pay for the evaluator to go there, or the other parent will have to come to your area with the child for a short eval, or if you can get the court to ok it, then you can hire two evaluators and have one consolidate the two reports.

Or the court could order a GAL who would coordinate the evaluators.

All of this can get real expensive, but that's just the way it is.

>4. Since I have received a waiver of fees from the court, can
>the judge actually order something that I would have to pay
>for?

A waiver of filing fees is not a waiver of expert witness fees. You will almost certainly have to bear these costs yourself, unless this is a parental rights, termination or criminal hearing -- which it's not.

[TJRodolph]

Thanks! I will do a new interrogatory for the new questions, and just serve her a letter stating what you listed.



Questions

1. How much does an average evaluation cost, and do most allow the parents to make payments?

2. Can I ask the judge to make the CP pay 1/2 of the evaluation fee, or at least to cover the evaluation she will need?

3. Doesn't the evaluation involve an inspection of each home?

[socrateaser]

>Questions
>
>1. How much does an average evaluation cost, and do most allow
>the parents to make payments?

Depends. In CA, you're probably looking at $2,500 to $5,000.

>
>2. Can I ask the judge to make the CP pay 1/2 of the
>evaluation fee, or at least to cover the evaluation she will
>need?

You can ask.

>3. Doesn't the evaluation involve an inspection of each home?

Frequently, yes. But, it's not absolutely necessary, for instance if both parties agree that it's not necessary, then the evaluator will just get together with the parent and child and see how they act together, and then note that no home study was done.

[TJRodolph]

I have evidence to prove that the CP does not provide a stable home (moved residences 13 times in 8 yrs). Evidence that the CP does not follow the doctors orders. Evidence that the child is a year behind in school and doing poorly academically and has severe emotional and behavior problems.

Evidence that the CP has denied visitation several times and interferes with phone contact. Evidence that child is in 1st grade and been moved to 4 different schools already. Evidence that CP can not provide appropriate love/guidance/time with child as she works graveyard shift and kid spends more time at grandpa's home then his own.

Evidence that I have a stable home, stable healthcare, that I work a day job, that I am married and that MN schools are well above the national and state guidelines for education. Evidence that I have followed court orders.

I consider that enough evidence to substantiate a significant change in circumstances and proof that my home would be a positive improvement for the child.

The judge already awarded me everything that I asked for on my motion for a specific parenting time schedule last year. Way more than the investigator recommended.

With all that said, here is my question:

1. If at the 1st hearing the judge orders an evaluation, and I say "With all due respect, is it necessary to have an evaluation, considering all the evidence I have already provided?"....What are the chances that the judge will just reverse custody without an evaluation?

[socrateaser]

>With all that said, here is my question:
>
>1. If at the 1st hearing the judge orders an evaluation, and I
>say "With all due respect, is it necessary to have an
>evaluation, considering all the evidence I have already
>provided?"....What are the chances that the judge will just
>reverse custody without an evaluation?

Evidence is not necessarily admissible evidence, and it's not necessarily proof. The court will want an objective view from an expert. The only way to avoid that would be if both parents agreed that no evaluation would be necessary, and if that were true, you probably wouldn't be having a custody hearing, because you would have agreed on a course of action for the child.

Your changes of avoiding an evaluator, are, in my opinion, 0%.

[TJRodolph]

Thanks for the input. I am pretty sure the CP would agree to skip the evaluation process as it would save her time and money and hassle. On the other hand, who really knows. Guess we just have to wait till the 1st hearing on the 14th. I will update after that, as I am sure I will have a question or two after seeing the judge. :-) Thanks again.

[TJRodolph]

Questions:

1.  When I go to file a Motion to Compel Discovery since the CP has not responded to my 2nd request....what sanctions could she be hit with?

2. Can she be charged with contempt for not responding to the Interrogatory?

[socrateaser]

>Questions:
>
>1.  When I go to file a Motion to Compel Discovery since the
>CP has not responded to my 2nd request....what sanctions could
>she be hit with?

You can only ask for costs of filing for the motion to compel, which would ordinarily include attorney fees, and any reasonable associated out-of-pocket costs. Copying, clerical, mailing, travel expenses, if you are a substantial distance from the courthose and you must appear for the motion hearing, etc.

>2. Can she be charged with contempt for not responding to the
>Interrogatory?

No, not until the court orders her to produce the required documentation. Then if she still refuses, contempt.

[TJRodolph]

Thanks again!!