The “Secret” To Your Child Custody Case

 In high conflict, hotly contested child custody and visitation cases, Courts will often appoint mental health professionals to assist with the case or to conduct a child custody evaluation or psychological evaluation pursuant to California Evidence Code Section 730. The appointed expert will marshal information from a number of sources, including but not limited to the parties, the child, teachers, treating physicians, neighbors and possibly a home visit. The expert will have received copies of all relevant pleadings and declarations in your case from your attorney.  If you are going into a child custody evaluation, it is critical that you compile a master list with the name, address, phone number and email addresses of any persons you think have highly relevant information pertaining to your child or to your ex spouse.  The evaluator may provide a written report and recommendation to the Court and to the parties. The report is not binding; however, it is powerful evidence bearing on what custodial schedule will be in the best interest of the child. The report is not necessarily automatically admitted into evidence in your court hearing. If you want your attorney to cross examine the evaluator about something in his or her report, the report and the evaluator must be subpoenaed to your hearing and be paid the expert witness fee. Sometimes evaluation reports contain mis-statements of fact; sometimes evaluators fail to contact highly relevant collateral sources; sometimes the evaluator is given false and misleading information from your ex spouse and sometimes the conclusion of the report does not follow from the facts set forth therein. Child custody evaluations are governed by Family Code sections 3110-3118. California Rules of Court set forth the standards of practice for Court ordered child custody evaluations.  You can hire your own psychological expert to help “coach” you thru your evaluation.  Your attorney should also be coaching you on the “do’s” and “don’ts” of your evaluation and what to do or say during the interview and home inspection process. You as the client should know exactly what to expect.  If you are about to embark on your custody evaluation and this is all new information to you, you need a new attorney.
Call Super Lawyer of the Year and one of Southern California’s Top Female attorneys, Denise Placencio at 877-317-8080. Your case and your children deserve the very best.