Legal Question in Family Law in Indiana
child custody evaluation
I am trying to regain custody of my 2 youngest children. I have already been given the 2 oldest with no arguement from my ex husband. He has requested time and time again for a psychological eval. with a denial each time from the judge re: this time around. With our last continuance ordered, due to my ex's attorney having an ''injury'' I agreed to do the eval. since the time was available. Towards the end of the eval. I found out my ex and his new wife had taken the two youngest children to this same person doing the eval. before the eval. started. This was not disclosed to either myself nor my attorney. I found out from the kids they had been there before. The evaluator says the session was irrelevant to our case, but I'm finding this hard to swallow. Wouldnt this be considered a ''dual relationship''? Is it unethical?
1 Answer from Attorneys
Re: child custody evaluation
It was probably unethical of the other attorney if he knew of the prior visits. Although the evaluator may not think that it is relevent; the judge may think otherwise. Your attorney should file a motion to quash the evaluation,and ask for a different Psych.
The court may grant the motion, if not, at least you have grounds for an appeal.
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