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FAMILY EXPERT
FAMILY EXPERT, Lawyer
Category: Family Law
Satisfied Customers: 450
Experience:  New York Attorney
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Unfortunately, my attorney had me settle custody instead of

Resolved Question:

Unfortunately, my attorney had me settle custody instead of objecting to the custody evaluator's report, which was so flawed that there have been similar cases in California that were overturned by the Appeals court. A year later, I filed a Formal Grievance with a California family court. This was the Grievance to nowhere, as the court has not done an investigation of the issues in the Grievance and merely mentioned I should go to trial, and then the judge further reduced my custody (even though neither the Father nor the exhusband provided any evidence that I am a poor parent), stating on the record that he was using the evaluator's report to reduce my custody. I have three questions: (1) Can a judge reduce custody based upon hearsay (the evaluator's report) without any expert testimony? (2) What was the obligation of the judge and/or court once receiving the Formal Grievance (i.e. should the judge have had a hearing on the Grievance? Should he have halted any changes in custody pending review of the Grievance?) (3) Is there any procedure/law stating what the judge/court is supposed to do after receiving a Formal Grievance? There has not been any investigation by the court, even though I filed the Grievance more than 1 year ago.
Submitted: 2 years ago.
Category: Family Law
Expert:  FAMILY EXPERT replied 2 years ago.

Good Day ,

I am a US Attorney and I'll be answering your question today

I will need to know the content of the formal grievance and how long it was filed after the custody hearing ?

Bob

Customer: replied 2 years ago.

Here is the information that was in the Grievance that is relevant:


 


(1) I found out after I settled custody that the evaluator had been the Father's co-parent therapist for the Father and his first wife for 2 years, which had never been disclosed to me or to the court, and the evaluator now acknowledges, but said he told me "verbally." (2) It was a "move-away" evaluation, but the report said Father should not move away, and instead the the parenting plan recommends an in-county parenting plan that gave Father primary custody (3) The Father was jailed twice for beating me, and although I submitted that documentation to the evaluator, the evaluator omits a "criminal history" section of his report and never mentions the criminal convictions, which had been 2 - 5 years prior to the evaluation (i.e. no 3044 analysis was conducted). I have no criminal record, no alcohol/drug use, etc. I am a professional.


 


The evaluation occurred in 2010, the Grievance was filed in May 2011, and my custody was further reduced in September 2011.

Expert:  FAMILY EXPERT replied 2 years ago.

Thank You for your patience

You should look into filing an appeal . Strictly, appeals of the Family Court must be filed within 30 days. However, you can state exceptional grounds as the evaluation report's author did not come to your attention until after the 30 days.

This is your best way forward. You are challenging the fact that the judge erroneously came to a decision, when no other judge with the information at hand would have come to the same conclusion, and secondly, that the judge had incorrect information regarding the evaluation report meaning that his judgment was flawed.

Please contact the clerk of the court to follow up on the appeal.

JUST A REMINDER, this is an HONOR SYSTEM in which the customer rates the service GOOD/EXCELLENT and leaves a BONUS/TIP for a service received.

Thank You

Bob

FAMILY EXPERT, Lawyer
Category: Family Law
Satisfied Customers: 450
Experience: New York Attorney
FAMILY EXPERT and 6 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

What about my question to you regarding the handling of the Formal Grievance?

Expert:  FAMILY EXPERT replied 2 years ago.

The filing of the grievance does not effect the outcome.IF you are unhappy with the how the judge conducted the case , you can file a grievance with the State judicial disciplinary body, judges must comply with the judicial code.

Your approach now is to file an appeal.

Thank You

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