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Custody evaluations
Anonymous2 views4 answers
A 604b report is entered and the report comes back biased and favors one spouse who paid for it (subject to marital reallocation) the judge denied change of custody and allowed a 604.5 for parent who 604b report did not favor and parent who report did favor asked for a 215. 215 was granted & paid for by parent that 604b report favored. 604.5 & 215 come back in other spouses favor (that 604b did not favor) now the original evaluator gets to update report and wants to do evaluation all over again . we are almost past the 18 month mark. Is there a way to bypass or toss original 604b report. As both parents and minor children have been through 2 evaluations and one parent a 215 - I don't think children should b subject to a 2nd evaluation with original 604b. What are the laws/rules
The 604B evaluator has the duty to update the evaluation. The 604B is ordered by the court and done for the benefit of the court. you really need to discuss these complex custody issues with your lawyer in person on his or her office. Take the questions there where they know the facts of your case. Trying to find answers online will just not suffice in this complicated scenario.
The 604b evaluator is the court's witness. Unless the court orders that the 604b refrain from any further examination, the evaluator may be ethically and professionally bound to update the evaluation for purposes of litigation. It is just as much both parties' fault that they have not been able to come to a reasonable agreement. Just because the 604b makes a recommendation in favor of one parent does not mean evaluator is biased. The duty of the 604b is to prepare a report which often favors one party over the other. Your situation is extremely complex and rather than ask for suggestions in this online forum, you should be speaking personally with your attorney.
if you do not want the children to be evaluated any more, then settle the case. the reason for all this is that the parents cannot agree on custody and parenting time., since they do not agree, this is the tedious expensive process to get the info that the court needs to have a long expensive custody trial and then make a decision,
this family is spending a fortune on this and to what end? no one gets nothing and no one gets everything. somewhere the parents need to realize that the children have two parents, are entitled to be with two parents and that the parents are spending all the money that could be used for college to argue about this.
no, there is no way to bypass or toss the original report. it exists. the law is that each side is entitled to a 604.5 and a 215 if it wants to do that. the law is that the 604b is the courts witness.
if you do not want a custody trial, do not have one. settle.
The judge really has the discretion to order as many evaluations as he or she sees fit. The only way to stop this is to settle the case or push for a trial date. If you don't have a lawyer you need one!
