Hi! Mom of two pro se again needing help. We had mediation today. The custody master provided my ex with almost four weeks over the summer but not Joint Custody. This is contingent upon my ex completing home study. Just came to our attention that the home study will be done without the children present and not by county agent. We are certain kids are not in their own rooms and my ex and his wife will misrepresent their living situation. What should be our next course of action? We would like a copy of the home study as well but my ex's attorney has ignored other requests. Please.help. Thank you!
State/Country relating to question: Pennsylvania
Hi, I'm trained and experienced in family law, and I would love to help you through your current situation.
You should be able to discover this as it's relevant to the case.
If your ex's attorney denies that information, you can motion to court to compel production of that material (i.e. the home study plan); this is done under a subpoena duces tecum (though a motion to compel production is better).
I meant to say "also" done under a subpoena duces tecum
I'm sorry you're going through this, but I hope this helps my friend.
If there's any more help you need, please ask.
I am responsive, respectful, and relentless.
Hi Dr. Livingston, Thank you for your response. The entire change in the summer schedule is based upon my ex having a home study completed. The Custody Master is not aware that the children were not there during the home study to be interviewed nor than an independent person was hired to perform the study, not a county agency. My ex's lawyer stipulated the order to be effective once the study was completed and not when the findings were available. How do I object to this being considered complete? My concern is not limited to their living conditions while visiting their Father. Since my ex hired an independent person to conduct the home study, what can we do about this report? I do not believe that study would be "accurate".
You can hire your own independent expert to rebut the findings, or you can subpoena duces tecum/motion to compel discovery of the home study to controvert any independent findings. I hope this helps. If you need more information, please ask specific questions and I will field them one at a time.
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