Does a Custody Evaluation expire?

[_HappyDad_]

By the time I go to Trial to settle custody, the Custody Evaluation report will be 15 months old (completed 4/18). Is there legal precedent to have the report dismissed due to irrelevance?


50/50 parenting time and Joint legal since 11/17 by Agreed Order. I want to maintain this Status Quo.

CE report favors the Mother. However, recommendation is purely subjective as I had it reviewed by another Custody Evaluator.

 

[Zigner]

By the time I go to Trial to settle custody, the Custody Evaluation report will be 15 months old (completed 4/18). Is there legal precedent to have the report dismissed due to irrelevance?

Background: state is KY.

50/50 parenting time and Joint legal since 11/17 by Agreed Order. I want to maintain this Status Quo.

I would ask for a more recent evaluation to be considered.

CE report favors the Mother. However, recommendation is purely subjective as I had it reviewed by another Custody Evaluator.

That is the nature of a custody evaluation.

 

[justalayman]

Have any facts contained in the report changed?

If you really had issue with the report you should have sought a second report, from a different investigator if you could show prejudice and not simply you didn’t agree with the report.

The, presumably, only report is not invalidated simply due to the passage of time. If conditions at the time of the report have changed, it gives a basis to seek an updated report. Of course regarding the investigators opinion of the parties isn’t likely to change regardless of what circumstances and conditions have changed.

 

[_HappyDad_]

Thanks for your responses.

I do have a strategy to deconstruct the faulty report. It is very, very weak. I have shown it to a few mental health professionals and they agree it does not make any sense.

Have any facts contained in the report changed?

If you really had issue with the report you should have sought a second report, from a different investigator if you could show prejudice and not simply you didn’t agree with the report.

The, presumably, only report is not invalidated simply due to the passage of time. If conditions at the time of the report have changed, it gives a basis to seek an updated report. Of course regarding the investigators opinion of the parties isn’t likely to change regardless of what circumstances and conditions have changed.

 

[stealth2]

I have shown it to a few mental health professionals and they agree it does not make any sense.

Have they also spoken with the other parent in a professional capacity?

 

[_HappyDad_]

I did file a Motion to have another Evaluation done. The judge Overruled my Motion.

The Scientific test data does not support the recommendation.

 

[LdiJ]

I did file a Motion to have another Evaluation done. The judge Overruled my Motion.

The Scientific test data does not support the recommendation.

If the judge said no, then its no unless you want to spend the money to appeal the judges ruling.

Your explanation of what is wrong with the recommendation is not convincing or even informative. If that is how you explained it to the judge the way you have explained it in this thread, that would likely be WHY the judge ruled against you.

 

[Ohiogal]

I did file a Motion to have another Evaluation done. The judge Overruled my Motion.

The Scientific test data does not support the recommendation.

What scientific test data?

 

[_HappyDad_]

If the judge said no, then its no unless you want to spend the money to appeal the judges ruling.

Your explanation of what is wrong with the recommendation is not convincing or even informative. If that is how you explained it to the judge the way you have explained it in this thread, that would likely be WHY the judge ruled against you.

That is not how I explained it to the judge. There is a lot of information left out.

I had a work product review done by another evaluator. He was able to see all of the data and notes. He obviously can explain it better than I. But, the point is the Evaluation was “off”.

Everyone’s input here is very helpful. Thanks to everyone for your insights.

 

[_HappyDad_]

What scientific test data?

MMPI, MCM etc.

The test data shows no “issues” with me. But, the CE tried to suggest a diagnosis. I subsequently went to get assessed for such. I was found to be cleared of any diagnosis.

 

[_HappyDad_]

MMPI, MCM etc.

The test data shows no “issues” with me. But, the CE tried to suggest a diagnosis. I subsequently went to get assessed for such. I was found to be cleared of any diagnosis.

OG, thanks for noticing this thread. I was hoping you would join in.

 

[Ohiogal]

Was on vacation for the past week or so... And thanks for the thanks... You can argue the deficiencies at trial but the CE needs to be subpoenaed as does the person who cleared you of any diagnosis.

 

[_HappyDad_]

Was on vacation for the past week or so... And thanks for the thanks... You can argue the deficiencies at trial but the CE needs to be subpoenaed as does the person who cleared you of any diagnosis.

Got it.

Also, it’s worth noting that OC did not Motion to adopt CE’s recommendations. They allowed the 50/50 parenting time to continue unabated for the last 12 months since report’s completion.

By the time trial happens, a total of 20 months of Status Quo will have occurred— 50/50 parenting time and Joint Legal.

 

[Ohiogal]

Then I wouldn't worry about that.

 

[_HappyDad_]

Then I wouldn't worry about that.

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?