Legal Question in Family Law in California

Rules of Evidence/Attorney Competence
My wife retained a Family Law Atty earlier this year (not a CFLS)to help with modifying custody with her ex. Before the OSC, our Atty had her take the 3 children to a psychologist. After 3 visits, the psych report expectedly favored my wife. However, this was done without opposing counsels agreement. At the OSC, the judge would not give the psych report the time of day since it was all done without agreement of the other side.

The OSC was in May and the mediators report was adopted in its entirety, favoring the father, despite numerous declarations which were ignored, since they weren't exactly in line with the original filing statement. My wife is now paying child support at a punitive rate because the judge used YTD calculation methods. Her income fluctuates and is seasonal (retail worker). Before the OSC her work hours evened out and she should be paying much less. We asked out atty to help modify. She requested we do a new Income & Expense Dec'l. She sent this to opposing counsel WITHOUT filing a motion. She said they had an agreement to do this without having a hearing to save money. This seems extremely naive on her part since they are under no time constraints to respond.

Commentary would be appreciated

Asked on 9/14/04, 1:44 pm

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

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Re: Rules of Evidence/Attorney Competence

What does your attorney have to say about the evidence being excluded? Call me directly at (619) 222-3504.

Answered on 9/14/04, 2:00 pm

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