Legal Question in Family Law in California
A Change in Custody
My son recently went back to court re: custody of his 19 month old daughter & based on court ordered 3111 evaluation Judge instituted evaluator�s recommenda-tion that custody be 50/50, 1 week on, 1 week off. The evaluator�s report was favorable to my son (clearly saw that daughter was very attached to dad). Upon they�re separation daughter-in-law (X) moved 500 miles away & allowed my son VERY limited access to daughter even though the X in her original filing to court said she would share daughter 50/50- then she changed her mind & only would let him have visitation a couple of weekends a month, taking place up where she lives only. X was unhappy w/evaluator�s report/recommendation (especially that she said it would be ideal if X would move back to make it easier on daughter not having to travel so far) and her attorney made argument for having a hearing to question the evaluator. The judge did grant the hearing but it won�t take place for 7 months. X even argued w/Judge once he made his decision about implementing 50/50. Question is, after 7 months of sharing daughter 1 week on, 1 week off is it very likely at the hearing the Judge would change custody from 50/50?
2 Answers from Attorneys
Re: A Change in Custody
you never know but most judges dont like changes
Re: A Change in Custody
Since the judge set the hearing 7 months off, he must not be too concerned with the evaluator's recommendation, since the recommendation is apparently the interim order. The X has the right to the hearing, but the judge didn't give her a hearing that is very practical, suggesting the judges confidence in the evaluator. Typically rulings go in favor of continuity. I suspect that the judge wants to see how the X handles the 50/50 custody and maybe there is some encouragement for her to move back. I would guess that you son is in very good shape, but if your looking for a prediction, my crystal ball isn't working. I would relax though, the 50/50 interim order was a big win for your son. Good Luck, Pat McCrary
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