Legal Question in Family Law in California
Custody Evaluations
Recently, a custody evaluation was done that is extremely detrimental to myself. A number of witnesses were interviewed via telephone. Quotes from these individuals against my ex were entered in the report however, the quotes have been twisted and used against me. The professionals, i.e. therapists, interviewed wrote letters to the evaluator telling him that what he wrote in the report was NOT what they said. The evaluator did not responded. Isn't there a simplier way to invalidate this report w/o going to court and trial to the tune of $10,000? It would seem to me that quoting someone, and having it completely inaccurate, should be grounds for something. What can I do?
2 Answers from Attorneys
Re: Custody Evaluations
Obtain declarations or affidavits (statements under penalty of perjury or statements sworn to before a notary
public) from the persons who were misquoted, stating that fact, and the fact that they informed the evaluator
of the misquotation, and asserting their correct position, and file the declarations with the court.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
Re: Custody Evaluations
You can obtain the declarations or affidavits referred by in the first response. When these declarations have been obtained, you could file a motion with the court have the evaluation struck. You can also have anothe evaluator review the evaluation and prepare a declaration regarding the errors in the evaluation. Just filing the motion to strike may be sufficient to get the evaluator to revise the evaluation report.
If you file the motion to strike, you should request that a new evaluator be assigned and a new evaluation be prepared.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
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