Legal Question in Family Law in California

You may want to consider a full child custody evaluation. A court ordered expert will assess these issues. Assessment can include home visits and psychological testing.

I agree that a 730 custody evaluation may help you. I don't know if I have ever heard anyone being accused of being "overdocumented" before. So many times documentation is the only thing that resolves conflicting stories. I hate to say this because I know people hate hearing it, but you probably would have fared much better with an attorney. Any high emotion issue really needs a buffer between you, the judge, and the other party. If you go in again, I would really consider hiring an attorney, even if it is just for that appearance.

There are several options for 730 custody evaluations, some are done by Family Court Services, which involve an investigator interviewing everyone, including the child. There are partial and full investigations. I just had a client do one for $1,500, but they charge per hour. The prices go up the more detailed the investigation is. The Cadillac of evaluations is a private evaluation that takes a few months to perform, and is very expensive. In my area they run about $10k -$15k, but it may be different in your area. The reason I am mentioning prices is that you may have to offer to foot the entire bill to get the judge to order it, but I have never had a judge refuse to order one if the requesting party pays for it.

I would wait just a little while so that you can show a pattern. I know your son suffers in the meantime, but judge's don't like immediately changing an order that has been issued. If it is neglect that rises to the level of endangering your son, you can report this to child protective services, but be careful about involving them by giving them exaggerated allegations. Stick to the facts, no emotion, and let THEM decide if it warrants their involvement.

Good luck!

I just want to emphasize one point Ms. Ellifritz made, which is that you need an attorney. Most self-represented parties come in under-prepared, but sometimes they come in over-prepared and that seems to be what happened to you. The trouble with being over-prepared is that it is invariably a sign that you have become over-invested in the case you have prepared and lose all capability of persuading a neutral trier of fact. The result is that your presentation becomes aggressive, "over the top," and even hostile, and turns against you. You cannot believe that the judge cannot see what you have so clearly put in front of them (clearly in YOUR mind). You also have to bear in mind that one of the factors in a custody decision is the extent to which each parent can be counted on to foster a good relationship with the other parent. By coming on strong with EVERYTHING that is SO wrong with your ex, you automatically are making the judge believe you will NOT be the parent who will try to foster a good relationship with the other parent, and you raise suspicion that the child is being exposed to an environment in your home that is openly hostile to the other parent. You need a lawyer to work between you and the judge if you hope to get a better outcome.