So, like I said eval went 60/40 her favor. Laws give me the right to access the full file and see what evidence the evaluator had to make her decision.. Just like i thought, absolutely NO evidence from the ex. None. Just some bs tears, and some friends who filled out the questionaire with her. My ex is full blown Personality disordered I'm sure of it now after reading her "answers"
"He is trying to control me and force me out of the military because he refuses to let me leave and move with [son]."H NJ logic if I ever heard any.. "He forces me to drop [son] off at the police station, won't let me come near his house, or allow me to see the conditions [son] lives in". Laughable. Actually the JUDGE forces you to go to the police station, since I used to beat you, according to you and I had to beg him not to let you near me. Oh irony.
But yes, once again nothing but her bs, woe is me, full of < feces > story, which was proven NOT true, is why my son will have many more years of emotional/mental abuse at the hands of a selfish manipulative emotionally void "mother".
This evaluator actually had the nerve to say to me when I picked up the paperwork to ask me if I was just going to settle it now.
Fatheroffour wrote:Is your intention to discredit the report and it's recommendations? Do you have other third party recommendations for a more equal parenting time split?
I ask because the judge might agree that he shouldn't give the recommendation consideration and go with EOW.
my sons teacher will be there to testify against the eval. watered down version, and the judge will actually be able to hear first hand how bad its been for them because the report makes it sound like its my sons fault, and not the real source of the problem, my ex.
My attys angle is kind digging into the evaluator, since I do have so many professional witnesses, all saying I deserve at least 50/50, putting them on the stand to testify to my parenting abilities and pretty much asking the judge if he wishes to take that just giving me EOW which I have currently and watch son spin out of control violently.
I honestly, don't know what to think. This lady has a good rep with the courts, and the only thing working in my favor is in Apr of this year they started a cap on the evaluators a 2k, and the courts have (according to attorneys and others involved with this cases) had major issues with these people not doing the level of work they used to, or just being total crap. Hopefully my judge has noticed this as well, otherwise I'm < edited >.
defaultuser wrote:Why is that unfortunate? Your lawyer should be asking the following questions, or stuff like them:
-Did you consider any documentary evidence from the mother?
-Why did you choose to believe the testimony of the mother over the documentary evidence of the father?
-What specifically did you find in the mother's testimony that made you write the report the way you did?
-Were those claims backed up in any way?
-Have you considered that the mother may not be entirely truthful?
and stuff like that. The court is required to place a higher value on documentary evidence over testimony. If you can show the evaluator didn't do that, you may be able to gain some traction.
Maybe I'm wrong but, I think the biggest tell all that it was a mother bias was the fact that my ex has claimed multiple times she never gives me him outside of EOW, and that my son does not want to come to my house.
On three separate occassions, with email evidence during her report she sent him to me. One for 4 extra days because he was sick. Once because my son asked to come over to play camping, and on mothers day this year (not specified as a holiday in our old decree) I offered to switch a thursday so she could have him sunday and she admitted she had plans and I could keep him. I thought that would be HIGHLY important for a judge to know about. Its in her notes, but not the report.
First off, the judge doesn't think any of this is 'highly important' and don't get disappointed when the judge chooses to ignore stuff like that. You should be throwing everything at the wall to see what sticks except the stuff that is obviously drivel.
Secondly, your STBX is entitled to all your evidence you may use at trial with some exceptions. Its not up to your X to dispute this stuff, its up to you to challenge the evaluator.
THIS IS AN ATTORNEY ADVERTISEMENT. CORDELL & CORDELL, ST. LOUIS, MO. Attorney services are provided by licensed attorneys in every state where Cordell & Cordell offices are located. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
Joseph Cordell, Principal Partner, licensed in MO and IL only. Michelle Ferreri licensed in PA and NJ only. Offices in Pittsburgh and Philadelphia, PA. Scott Hamerslough licensed in CA and CO only. Jason Bowman licensed in KY and TX only. Chris LaFrance, Florida Resident Partner. Tampa, FL.