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Mother stripped of custody on false allegations faces more evaluations


Your Question:
Hi Eric,

this is a follow up to a previous post i posted. I went throught the custody eval, and it came back really good, but the judges secretary received her call for testimony, she told the dr that her testimony was not needed which we just found out the day after court. I also went to every supervised visit with my son and got a real good report so supervised visits were suspended and i see him every other weekend. Now the courts want me to go through a custody evaluation and the forensic pysch says that my lawyer should fight that because it is not nesacary, but my lawyer says it is so that the custody evaluator can discredit the family counseler who testified againist me. If i understand correctly, a family counseler can not testify againist one of us. We then go to trail in nov or dec. The pysch told me that the oppsing attorney who is new to the case, faxed her my actual test of a previous custody evaluation that was done 6 years ago, and those docs were supposed to be seal. She said that my test that he faxed her did not show anything againist me, they showed that i was a victim of domestic violence. I am really confused on what to do about my situation, because i feal no matter what i do its wrong. I feel that the courts are aginst me. I have actual documents that prove my ex and his wife lied under oath. We are also oredred to go to another family counseler, which we just started. My son told me he just wants to come home because all they do is fight. This started about 3 months ago and the oposing lawyer kept putting the order off so my atorney done it and he disagreed with it to the point that he wrote what he wanted, put it on cd and told the judge that she could make chamges as needed. She just redone the whole order herself and then signed it. Im just confused and wanted to see if you have any more suggestions on what to do next?

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My Answer:
Hi,

For background to your case, click here.

I can really understand your frustration with the pace of all of this. Unfortunately, as I said previously, it may not seem fair, but it's what you have right now.

That you got your supervised visitation removed is a very good step. You may only see him every other weekend right now, but at least you can maintain the bond and make the most out of that time.

If there's a way to force both sides to go through a custody evaluation, that may benefit you. It sounds like only you are undergoing it, at least what I read.

You're going to have to continue to jump through hoops. You have a new custody evaluator, who may talk to your neighbors and other witnesses. The new evaluator is going to talk to the other one who sided in your favor. The new evaluator may talk with your son, who may express his desire to return to your home and his dislike for being in the father's home.

It's really an opportunity to help convince this judge that this has all been a very bad path for the child.

Keep your cool, lay out strategy with your attorney, and continue to jump through all these hoops.

Ask your attorney if it's possible to depose your ex. That may be helpful to catch him in lies with the evaluator and when back in court.

I'll again emphasize that it's very reasonable for you to feel confused, depressed, and frustrated. The only people who benefit from protracted custody conflicts are attorneys. Everyone else suffers tremendously.

Good luck, and stay the course. It's making you a stronger person.

Eric





This website gives common sense advice that is not intended to act as legal guidance nor psychological guidance. The author is neither an attorney nor licensed psychologist. For specific legal guidance or specific psychological guidance, consult with a licensed professional.


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