Custody evaluation underway - California

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Custody evaluation underway - California

Unread postby Qwertyuiop » Mon Oct 10, 2016 12:56 pm

Hello,

Still living in the same house as my STBX, we are under temporary joint legal/physical and were unsuccessful in court ordered mediation. Custody evaluation started 2 weeks ago, had initial interview with evaluator. Next interview is today.

STBX is requesting sole physical/legal and a move away across the country. She filed ex-parte alleging verbal assault, drug abuse, etc. Judge saw through it and my clean hair follicle test and urinalysis helped as well.

I have retained a custody expert to review the recommendation by the custody evaluator should it not come back favorable or if STBX wants a trial. I have also purchased and read ~15 parenting books recommended by my attorney, completed 4 parenting classes, and regularly meet with a custody coach. My attorneys have been right at every step.

Have any of you been through a custody evaluation in California? Santa Clara county.
STBX is alleging drug abuse and non-involvement in D3's life as reasons I am unfit and and a move away will not negatively impact D3.

I am a medical marijuana patient but have abstained since March. I have lived in the same house as my D3 since her birth. STBX and I have shared parental responsibilities fairly equally for well over 18 months (since STBX went back to work).

During my initial interview with the evaluator, he said something interesting to the effect of he has to make his recommendation based on STBX's planned move to a state across the country. He can't make an "if-then" recommendation.
The evaluator is the one my attorneys wanted were surprised STBX's counsel agreed as he is known to recommend 50/50 in cases like mine. My attorneys met with the evaluator before my initial interview and communicated that it went "really well".

I am going to ask for clarification around the "if-then" piece but wanted to see what everyone's interpretation of this is.

Evaluator is planning to make a temporary time share recommendation in 4-6 weeks so that we can separate residences.

D3 has lived in California for over 2 years, in pre-primary school. Both STBX and I have solid, well paying careers in the area. STBX's family is in the state she is requesting a move away to. No criminal records for either of us.

Thank you.
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Re: Custody evaluation underway - California

Unread postby Tom Kirkpatrick » Mon Oct 10, 2016 1:19 pm

With a solid career and family in the area, why does NJ want to move cross country?? In consideration of D3's best interest, one would think it would be incumbent upon her to show good cause. What does your attorney say in this regard??

Keep in mind, by and large, California is a 50/50 state.

You need to be thinking "geographic restriction" for D3; NJ can move cross country, but D3 stays in Santa Clara Co; in your school district. But at the same time, if NJ is granted her move (which IMHO, isn't likely), you should make plans follow her.

Q: To which state is NJ moving??

Bottom line, irrespective of NJ's move, when all is said and done, you want a California decree in hand. To lock that in, and prevent change in venue, you may need to file an Injunction to keep D3 in California until divorce is finalized.

Sit tight Bro, and wait for some California dads to chime in.

Tom
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Re: Custody evaluation underway - California

Unread postby BartSimpson » Mon Oct 10, 2016 1:35 pm

You appear to have done a lot of homework, but you failed to mention the most important area of study. California case law is pretty clear in this move-away scenario.

Hint: What proof do you have of your involvement with the child?
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Re: Custody evaluation underway - California

Unread postby Qwertyuiop » Mon Oct 10, 2016 1:40 pm

Thanks. NJ wants to move to FL, where her family resides.


Tom Kirkpatrick wrote:With a solid career and family in the area, why does NJ want to move cross country?? In consideration of D3's best interest, one would think it would be incumbent upon her to show good cause. What does your attorney say in this regard??

Keep in mind, by and large, California is a 50/50 state.

You need to be thinking "geographic restriction" for D3; NJ can move cross country, but D3 stays in Santa Clara Co; in your school district. But at the same time, if NJ is granted her move (which IMHO, isn't likely), you should make plans follow her.

Q: To which state is NJ moving??

Bottom line, irrespective of NJ's move, when all is said and done, you want a California decree in hand. To lock that in, and prevent change in venue, you may need to file an Injunction to keep D3 in California until divorce is finalized.

Sit tight Bro, and wait for some California dads to chime in.

Tom
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Re: Custody evaluation underway - California

Unread postby Qwertyuiop » Mon Oct 10, 2016 1:44 pm

I have done a lot of homework and have excellent legal representation.

Proof of involvement - 20 month pdf of shared calendar with my STBX showing my involvement - drop off at daycare M,W,F. Pick up from daycare T,Th. We have split care in a rigorous manner and the calendar reflects that. I have 30GB of pics and videos of us together. I am on a first name basis with her daycare provider and now teachers. I have been in attendance in multiple dentist and dr. appointments. I have traveled across the county alone with D3 to visit my parents. I have stayed home on multiple occasions while STBX traveled for work and pleasure.

What are some other good forms of proof of involvement?

Thanks.

BartSimpson wrote:You appear to have done a lot of homework, but you failed to mention the most important area of study. California case law is pretty clear in this move-away scenario.

Hint: What proof do you have of your involvement with the child?
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Re: Custody evaluation underway - California

Unread postby steelmark » Mon Oct 10, 2016 1:46 pm

Tom Kirkpatrick wrote: To lock that in, and prevent change in venue, you may need to file an Injunction to keep D3 in California until divorce is finalized.


+1

Prevent the tug of war now if the STBX up and moves with your kiddo.

If and when the case drags on, the temp order keeps things "as is" while you continue to strengthen status quo.

Such a temp order in my own case couldn't be overcome in the end.
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Re: Custody evaluation underway - California

Unread postby steelmark » Mon Oct 10, 2016 1:49 pm

Qwertyuiop wrote: Proof of involvement - 20 month pdf of shared calendar with my STBX showing my involvement -


Could she delete or alter the calendar data?

I wouldnt grant access to anyone that could manipulate your data.

I printed my calendar monthly and kept the master printed copy in a binder at my lawyers office.

Shared is scary brother.
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Re: Custody evaluation underway - California

Unread postby BartSimpson » Mon Oct 10, 2016 1:52 pm

Name for me the Case Law that you think is applied in your case.
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Re: Custody evaluation underway - California

Unread postby Qwertyuiop » Mon Oct 10, 2016 2:04 pm

steelmark wrote:
Qwertyuiop wrote: Proof of involvement - 20 month pdf of shared calendar with my STBX showing my involvement -


Could she delete or alter the calendar data?

I wouldnt grant access to anyone that could manipulate your data.

I printed my calendar monthly and kept the master printed copy in a binder at my lawyers office.

Shared is scary brother.

My attorneys have a pdf copy that appears accurate. There is some evidence she deleted some events that would reflect my involvement.
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Re: Custody evaluation underway - California

Unread postby Qwertyuiop » Mon Oct 10, 2016 2:06 pm

BartSimpson wrote:Name for me the Case Law that you think is applied in your case.

No idea.
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