Does a Custody Evaluation expire?

[Ohiogal]

My EX wants SOLE everything, so that’s why the Trial is necessary. I don’t know why they didn’t strike a year ago

Are you saying not to worry because of the Status Quo?

One of the issues is your parenting? Then when the parenting eval was released, they should have moved to have your time restricted and asked for a hearing then. Waiting a year or 20 months is not going to help them. What have you filed?

 

[_HappyDad_]

One of the issues is your parenting? Then when the parenting eval was released, they should have moved to have your time restricted and asked for a hearing then. Waiting a year or 20 months is not going to help them. What have you filed?

I originally filed for exactly the parenting plan we have been excercising this whole time— 50/50 parenting time and Joint Legal.

I have stressed at every opportunity that equal time with both parents is what’s best for our child.

The issue is that EX tried to diagnose me with a mental disorder and that I’m “dangerous”. The CE gobbled that up. None of the tests indicated these allegations to be true. The tests did not generate any possible DSM diagnosis. Then, I got assessed on my own and was found to be perfectly normal.

The CE testified at our last hearing that they only recommend equal parenting time about 40 percent of the time. This was the hearing where we motioned for another Evaluation.

 

[Ohiogal]

I originally filed for exactly the parenting plan we have been excercising this whole time— 50/50 parenting time and Joint Legal.

I have stressed at every opportunity that equal time with both parents is what’s best for our child.

The issue is that EX tried to diagnose me with a mental disorder and that I’m “dangerous”. The CE gobbled that up. None of the tests indicated these allegations to be true. The tests did not generate any possible DSM diagnosis. Then, I got assessed on my own and was found to be perfectly normal.

The CE testified at our last hearing that they only recommend equal parenting time about 40 percent of the time. This was the hearing where we motioned for another Evaluation.

40% is still a high percentage quite frankly.

 

[_HappyDad_]

Interesting. Thank you for all of your help, OG.

 

[_HappyDad_]

I posted a few months ago about a Custody Evaluation. We went to trial and I "beat" the evaluation (it favored my EX, but the report was garbage). The Report was 15 months old, and the Custody Evaluator did not show up to testify. On top of that, the Judge did not have a copy of the evaluation until the day of Trial. We had 4 different Trial dates scheduled over nine months, and somehow OC never turned in the Evaluation as evidence. Hmmmm......

Anyways, the Judge ruled in favor of the status quo that we maintain joint legal and physical custody. This is on par with the Kentucky Shared Parenting law. Now, my EX has filed a Motion to Vacate, Alter, or Amend the ruling. In the Motion, the same issues are discussed that were argued at Trial.

Would this be considered Res Judicata? Should I file a Motion to Dismiss?

Thanks,

 

[LdiJ]

I posted a few months ago about a Custody Evaluation. We went to trial and I "beat" the evaluation (it favored my EX, but the report was garbage). The Report was 15 months old, and the Custody Evaluator did not show up to testify. On top of that, the Judge did not have a copy of the evaluation until the day of Trial. We had 4 different Trial dates scheduled over nine months, and somehow OC never turned in the Evaluation as evidence. Hmmmm......

Anyways, the Judge ruled in favor of the status quo that we maintain joint legal and physical custody. This is on par with the Kentucky Shared Parenting law. Now, my EX has filed a Motion to Vacate, Alter, or Amend the ruling. In the Motion, the same issues are discussed that were argued at Trial.

Would this be considered Res Judicata? Should I file a Motion to Dismiss?

Thanks,

Your original question was, "do custody evaluations expire?" Its not so much that they can expire, but that circumstances may have changed in some way or another since they were done, that could make them outdated. Also, as you apparently argued in court and won, custody evaluations can be wrong for a number of different reasons also.

I will tell you that the motion your ex has filed, is frequently the step taken before someone appeals. Therefore its possible that your ex intends to appeal. I think that if you don't have an attorney its time that you at least consulted one. If she does appeal, you will need one.

 

[Ohiogal]

I posted a few months ago about a Custody Evaluation. We went to trial and I "beat" the evaluation (it favored my EX, but the report was garbage). The Report was 15 months old, and the Custody Evaluator did not show up to testify. On top of that, the Judge did not have a copy of the evaluation until the day of Trial. We had 4 different Trial dates scheduled over nine months, and somehow OC never turned in the Evaluation as evidence. Hmmmm......

Anyways, the Judge ruled in favor of the status quo that we maintain joint legal and physical custody. This is on par with the Kentucky Shared Parenting law. Now, my EX has filed a Motion to Vacate, Alter, or Amend the ruling. In the Motion, the same issues are discussed that were argued at Trial.

Would this be considered Res Judicata? Should I file a Motion to Dismiss?

Thanks,

Was this in front of the judge or a magistrate? Most likely she will lose on those motions. File a response to the motion stating that a full hearing was held and all evidence heard. And ignore LDIJ. Your ex may file an appeal but it is not a guarantee. Because none of those motions are required nor do they stay the time to file an appeal.

 

[_HappyDad_]

Yes, this was in front of a Judge.

In my response motion, can I ask for attorney's fees as well? My EX will never stop doing this, so I would like to make her think twice before dragging us both back to court all the time.

 

[LdiJ]

Yes, this was in front of a Judge.

In my response motion, can I ask for attorney's fees as well? My EX will never stop doing this, so I would like to make her think twice before dragging us both back to court all the time.

A case has to be considered to be frivolous before a judge will order someone to pay the other's legal fees. She has the right to file the motion she has filed and she would also have the right to appeal. I am not saying that she will win either way (I don't have an opinion on that), but she does have that right.

 

[_HappyDad_]

What determines if it’s frivolous?

We had our Trial. The Judge ruled. Now, her Motion rehashes the same issues from Trial. There is no new evidence or no change in circumstance.

I’m no legal beagle, but how is this not an issue of Res Judicata?

 

[_HappyDad_]

I do have an attorney. He’s not concerned about the Motion. I asked him to Dismiss. But, I really think he just likes going to Court and winning. (Not such a bad problem). He’s a pure litigator, and he did a wonderful job at Trial.

 

[quincy]

A case has to be considered to be frivolous before a judge will order someone to pay the other's legal fees. She has the right to file the motion she has filed and she would also have the right to appeal. I am not saying that she will win either way (I don't have an opinion on that), but she does have that right.

LdiJ, what I have bolded above in your post is a false statement.

Courts may order, at their discretion, the payment of reasonable attorney fees. What is considered by a court, among other factors, can be a party's ability to pay.

 

[LdiJ]

LdiJ, what I have bolded above in your post is a false statement.

Courts may order, at their discretion, the payment of reasonable attorney fees. What is considered by a court, among other factors, can be a party's ability to pay.

Perhaps in a divorce case, but I disagree with you otherwise. Rarely, if ever, are attorney fees awarded in ongoing custody cases unless there are frivolous issues involved. And in this case, clearly the other party does not have a greater ability to pay than the OP, so that is a mute point here.

Plus, I do you (and everyone else here) the courtesy of using the terms "incorrect" or "mistaken" when I believe that you are wrong. I am not rude enough to use the word "false". Its too bad you do not give others the same courtesy.

 

[quincy]

Definitive statements are problematic. They are more likely to be false (incorrect, mistaken).

 

[Zigner]

Plus, I do you (and everyone else here) the courtesy of using the terms "incorrect" or "mistaken" when I believe that you are wrong. I am not rude enough to use the word "false". Its too bad you do not give others the same courtesy.

The negative connotation that you have assigned to "false" is not universally shared. To me, "false", "incorrect", and "mistaken" all carry the same neutral and factual connotation.