If you do not see eye to eye with your estranged partner when it comes to your child custody arrangement and are anticipating a long battle, then you can take the case the Evaluation phase. Not all jurisdictions contain an Evaluation phase. Some have it combined with the mediation phase. Regardless of how your jurisdiction deals with it, it is the most crucial stage of your child care battle and you should do enough to be clear headed and best prepared as you can possibly be. To clue you in on the whole evaluation involves, let us first see what the duty of a child custody evaluator is.
Most people's immediate response is that they feel they may get a more qualified professional for the job if they use a private examiner. After all, when you look at the list of private practice examiners can see from their credentials that they are highly qualified with years of experience and that the family court system is obviously their specialty.
The whole point of documentation for an evaluator is to show that you are backing up the claims you have made about your case. The reason you need to back up your case is that you and the other parent cannot agree on virtually anything. If you could agree, then you would have been done by the end of mediation. If this weren't important to you, then you would have caved in by now and been done with this long ago.
It is those differences that you do not agree on that you want to document. When the other parent is pointing out things that you don't believe matter, make a note of it. Why? Because when you begin talking about substantive issues, you will want to show the issues that they were focused on.
While you may not be able to file a motion immediately to return to child care evaluation to make changes, you will likely be able to make changes after a period of time that shows conclusively that the current care order is simply not doing the job it was intended too. Of course, the key to showing that the care order is not working is documentation.
Private examiners do not have the structure that their public counterparts do. There is no direct over site on their decisions, and they can afford to lean more to one side than the other without fear of over site from a supervisor.
Get them to cover their lie by telling another that you can disprove. DO NOT give them a way to get out of it by telling them what they are missing. Simply have them clarify and solidify their lie. Wait to disprove it until you meet with the evaluator.
My experience is that if you fully understand what the evaluator is supposed to do when researching their report, you will likely agree that the outcome is accurate. If you believe that evaluations should be based on morality, personalities, and he said, she said, you will quite probably be disappointed. If you use a strategy based on the court rules, you will likely be very happy with a public evaluator or even two!
Most people's immediate response is that they feel they may get a more qualified professional for the job if they use a private examiner. After all, when you look at the list of private practice examiners can see from their credentials that they are highly qualified with years of experience and that the family court system is obviously their specialty.
The whole point of documentation for an evaluator is to show that you are backing up the claims you have made about your case. The reason you need to back up your case is that you and the other parent cannot agree on virtually anything. If you could agree, then you would have been done by the end of mediation. If this weren't important to you, then you would have caved in by now and been done with this long ago.
It is those differences that you do not agree on that you want to document. When the other parent is pointing out things that you don't believe matter, make a note of it. Why? Because when you begin talking about substantive issues, you will want to show the issues that they were focused on.
While you may not be able to file a motion immediately to return to child care evaluation to make changes, you will likely be able to make changes after a period of time that shows conclusively that the current care order is simply not doing the job it was intended too. Of course, the key to showing that the care order is not working is documentation.
Private examiners do not have the structure that their public counterparts do. There is no direct over site on their decisions, and they can afford to lean more to one side than the other without fear of over site from a supervisor.
Get them to cover their lie by telling another that you can disprove. DO NOT give them a way to get out of it by telling them what they are missing. Simply have them clarify and solidify their lie. Wait to disprove it until you meet with the evaluator.
My experience is that if you fully understand what the evaluator is supposed to do when researching their report, you will likely agree that the outcome is accurate. If you believe that evaluations should be based on morality, personalities, and he said, she said, you will quite probably be disappointed. If you use a strategy based on the court rules, you will likely be very happy with a public evaluator or even two!
About the Author:
You can get a detailed list of the factors to consider when choosing a child custody evaluator at http://www.drjamesrflens.com right now.
No comments:
Post a Comment