Legal Question in Family Law in California

I went through a custody evaluation. It turns out that it doesn't look good for me. After 9 years of having legal and physical custody of my child they want to give my ex joint custody. Everything me and my current wife said in our interviews with the evaluator with twisted up and our main concerns were never really mentioned,. He never used my contact people that I gave him.He made my ex seem like the victim and used all her contacts. Any evidence that I tried presenting to him he threw out in his evaluation saying it wasn't enough evidence but yet when my ex mentioned anything it is said to be true with her having to prove nothing. It looked like he favored her. He was unprofessional with me to begin with before the evaluation started. So what can I do especially when this evaluator is one that works for the courthouse and the judge sees him as a highly experience evaluator specialist.


Asked on 2/02/11, 10:31 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

there isnt a whole lot you can do once the child custody evaluation report is made. If you had concerns over the bias of the evaluator, you typically need to have made those objections at teh very beginning so that you can get a different evaluator. Its not really proper to do that once the report is out and you are unhappy with the reccomendation. You can request that the parties submit to a private evaluation, but that would be expensive. Bear in mind though that the report is just a reccomendation and you are still allowed time to challenge the report and to mediate with the other party to an agreement that is flexible for both parties. If you do go to trial, the custody evaluation report will be used as a reccomendation for the judge to rule in that favor, so it does carry a lot of weight.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 2/05/11, 8:10 pm


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