The evaluation was given to me only on the 10th of October by the judge's clerk. I was not oblige to sign a non disclosure document. But I do have the telephone call from the clerk that stating to call him so he can give me an appoiment to give me the evaluation's results. The advesary's attorney claims that he sent it to a month ago, which I never got. For I kept going to court requesting for this evaluation. Is it too late for the motion of evaluation?
No, it is not, especially if you can show that you did not obtain a copy of the results, after multiple good-faith attempts on your end to obtain proper information.
Also, I do not feel confortable at all with the mediator. Do I have the right to request a diferent one or not.
You can, but the other party has to consent to the change as well. Unless you can point to some sort of bias, such a request is generally not granted.
I am sorry to hear that. As I pointed out in the past answer, appearing reasonable, nonthreatening, and non argumentantive is key. If you are spending time arguing with your ex or with the mediator rather than listening to the mediator's options, then that may be the perception that the mediator will have of you. This is simply an assumption on my part, I do not know how you communicate, but it may be the issue in this instance.
I know I have a great disadvantage here can the judge give physical custody to my ex without breaking the law?
The judge can grant physical custody to any of the parents--there is nothing illegal with such a petition. You do not 'own' your child, so transferring custody to your ex is not illegal because under law he has as much right to the child as you do.
Can I appeal, what is the cost?
Appealing family court decisions are very very tough. Unless you can point to an actual error that the juge made in his evaluations, an appeal will likely not be successful. Appeals can be also very expensive, potentially $3,000-$5,000 for a basic appeal, and not a good idea. If the judge rules against you and there is no error, it is wiser to wait a year and then to file a modification as that would have a greater chance of being approved.
Can I contact my local authorities such as senators and let them hear the voice mail where the judge's clerk is telling me on the 10th of October this year, to call so he can make an appoiment to give me the evalution's results?
I am sorry but this is a civil matter. You can contact the senators but they will not be able to assist--it is wiser for you to deal with the judge, the opposing party, and the mediator directly. A senator cannot overrule a judge's order.