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Re: Custody evaluation underway - California

Unread postPosted: Tue Apr 18, 2017 4:21 pm
by Trevor
Qwertyuiop wrote:I just secured a new job in our current area but will begin researching the area STBX wants to move to. I have at least 2 months before she can move, more like 6 if we go to trial.

Glad to see you didn't sign an agreement to that effect. Sprint to the finish with superDadness, documenting the whole way.

Not to detract form your main mission, but if the articulated reasons for moving away were nothing but economical, the competency of the one who made that decision (based on your summary of his report) should be called into question by the governing authority of that person.

Re: Custody evaluation underway - California

Unread postPosted: Tue Apr 18, 2017 4:58 pm
by Qwertyuiop
Trevor wrote:
Qwertyuiop wrote:I just secured a new job in our current area but will begin researching the area STBX wants to move to. I have at least 2 months before she can move, more like 6 if we go to trial.

Glad to see you didn't sign an agreement to that effect. Sprint to the finish with superDadness, documenting the whole way.

Not to detract form your main mission, but if the articulated reasons for moving away were nothing but economical, the competency of the one who made that decision (based on your summary of his report) should be called into question by the governing authority of that person.


Reasons stated for the move away were quite vague. Mother's mom, dad, step-dad, and 2 step-mother's all live in the area she wants to move to. Her mom and Dad divorced when she was young and engaged in a litigated custody battle for over 10 years.

Re: Custody evaluation underway - California

Unread postPosted: Wed Jul 19, 2017 2:00 pm
by Qwertyuiop
We are headed to trial in a few months. D3's mother is seeking sole custody and a move away across the country. Evaluator recommended joint legal/physical 50/50 timeshare IF we are in the same community as well as she be allowed to move away.

D3's mother is contesting all but the move away. I'm only contesting the move away.

I have retained an expert witness to challenge the evaluator's recommendation. Recommendation read like a bad high school research paper.

What can I expect other than giving my lawyers more money?

Re: Custody evaluation underway - California

Unread postPosted: Thu Jul 20, 2017 10:08 am
by Tom Kirkpatrick
Qwertyuiop wrote:Evaluator recommended joint legal/physical 50/50 timeshare IF we are in the same community as well as she be allowed to move away.
^^^ Completely contradictory terms.

As I said previously, evaluator is speaking out of both sides of her mouth. How can you have 50/50 when you live in CA and NJ lives in FL??

Solution: Get 50/50 locked in ASAP. Then when NJ attempts to leave CA, challenge her move in court.

Bottom line: Absent a showing of good cause, court policy in CA is 50/50.

Tom

Re: Custody evaluation underway - California

Unread postPosted: Thu Jul 20, 2017 1:28 pm
by Qwertyuiop
Tom Kirkpatrick wrote:
Qwertyuiop wrote:Evaluator recommended joint legal/physical 50/50 timeshare IF we are in the same community as well as she be allowed to move away.
^^^ Completely contradictory terms.

As I said previously, evaluator is speaking out of both sides of her mouth. How can you have 50/50 when you live in CA and NJ lives in FL??

Solution: Get 50/50 locked in ASAP. Then when NJ attempts to leave CA, challenge her move in court.

Bottom line: Absent a showing of good cause, court policy in CA is 50/50.

Tom

Thanks, Tom. The recommendation by the evaluator is structured as joint legal/physical, 50/50 time share if we are in the same community. Should child's mother move to FL and I don't: joint legal/physical but timeshare would be more like 70/30 in mother's favor. If I move to FL too, timeshare would be 50/50.

We are challenging the move away in the upcoming trial. I am prepared to move to FL should she get the green light as I suspect she would file for modification to custody after 6-12 months of having 70/30.

Re: Custody evaluation underway - California

Unread postPosted: Thu Jul 20, 2017 2:01 pm
by Outis
What's the basis for challenging the move away?

Re: Custody evaluation underway - California

Unread postPosted: Thu Jul 20, 2017 6:20 pm
by Qwertyuiop
Outis wrote:What's the basis for challenging the move away?

Of all the recommendations by the custody evaluator, the move away is the least supported. He mentions "severe risk exists to the father-daughter relationship should mother move with child."
Risk to father-daughter relationship
Lack of willingness/evidence by mother to foster relationship between father/daughter

Re: Custody evaluation underway - California

Unread postPosted: Thu Jul 20, 2017 6:34 pm
by Outis
Sounds like you're on the right track.

Aside from just the 730 having weak support for a move away, do you have other examples of such to offer? For example, have you documented specific instances where the mother exhibits behavior contrary to fostering a relationship?

We preach pretty consistently that it's better to have a "pro dad" case rather than an "anti mom" case. Yours is a very specific situation where I think you have to mix the two. Yet it isn't bashing mom, but rather showing dad can foster a relationship better, or whatever.

I think having some concrete examples to turn to can really help make your case.

Re: Custody evaluation underway - California

Unread postPosted: Thu Jul 20, 2017 8:48 pm
by Qwertyuiop
Outis wrote:Sounds like you're on the right track.

Aside from just the 730 having weak support for a move away, do you have other examples of such to offer? For example, have you documented specific instances where the mother exhibits behavior contrary to fostering a relationship?

We preach pretty consistently that it's better to have a "pro dad" case rather than an "anti mom" case. Yours is a very specific situation where I think you have to mix the two. Yet it isn't bashing mom, but rather showing dad can foster a relationship better, or whatever.

I think having some concrete examples to turn to can really help make your case.


We have taken the Pro Dad approach throughout. I have been an active, hands on Dad since my daughter was born. Mother attempted to destroy my character with claims that have been shown to be false.

Status quo for my daughter's entire life has been equal access to each parent.

Mother moved into a separate residence and did not disclose the address for multiple weeks.

Evidence mother altered the shared family calendar that reflected the equal parenting - sharing drop offs/pick ups from daycare, etc.

Mother's narrative has been that no bond exists between father and daughter, thus a move away from father will not negatively impact daughter. Evaluator states that a strong bond exists between daughter and both parents. Both parents are competent, loving, and fit.

Several incidences where mother physically took daughter from father to limit time together (prior to any time share order in place). On one occasion, mother caused daughter to hit head on doorway as mother fled with child.

The list goes on.