Legal Question in Family Law in Ohio
child custody
my daughter has been divorced for 7 years she has custody of 11 year old daughter..x just got married decided he wants custody...had custody evaluation it came back that he was a better parent..based on lies he told..can prove he lied attorney says we cant challenge her report..she isnt available for court dates they have set..gal is on daughters side said he has never see a report like this before,,,something stinks here..he has only been a weekend father all these years granddaughter is an A student and wants to stay with her mom does not like her step mom...she has 2 children from previous marriage, she said she is mean to her kids and real nice to her,,children services has been to their house many time but nothing came of it. granddaughter is very intelligent what question i have for you is can the attorney challange the evaluators report attorney says no...daughter has a college educatiom she is a good mom so what is going on here can some one help me
1 Answer from Attorneys
Re: child custody
The attorney can challenge the evaluator directly only if that evaluator testifies as a witness. He is free to get his own evaluation done, and submit that as evidence, as well as cross examining Dad and the himan services people. It all comes dopwn to the issue of witness credibility.