Legal Question in Family Law in Colorado
Colorado Child custody
my Ex gave me custody at the first three pretrial court meetings. Then claimed she made her decisions under deress, which the judge threw out. Yet the judge ordered a parental evaluation. The first one came back against me, so we asked for another one. The second one came back in favor of me. Will her decision of my having custody in the pretrial court meetings have bearing on the judges decision. Also the second evaluation used the first one and went much more indepth. Which one will he use?
1 Answer from Attorneys
Re: Colorado Child custody
The Judge is supposed to consider all facts and evidence before him, which means the prior decisions she made in court, as well as her later claim of duress, will all be considered. Probably both evaluations will be considered in some degree.
However, that being said, it is important to realize that the Judge can also give each thing whatever weight he feels it deserves. If he feels she was under duress the first three times, for example, he will give those no weight. However, if he feels that she was simply trying to change her mind when she claimed duress, he will give that claim little or no weight, at least not in her favor.
From what you have posted here, there is not enough for me to tell whether the Court will use primarily the second evaluation or both. That will depend on the specific situation of your case. There might even be a situation where he would disregard the second one and use the first.
It sounds like this is a very messy case, and I definitely recommend you get legal counsel if you have not already.