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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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The judge gave me custody of our 9 year old daughter recently.

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The judge gave me custody of our 9 year old daughter recently. My ex refuses to sign the papers and is asking the judge to have another custody evaluation which the judge has agreed to but made it clear she was not happy. This is my scheduled week to have my daughter, but my ex is taking her home from school (she works there). What are my best options? I am sick of this and want this kind of crap to end. Thank you.

Candidly, while it may not seem like it to you right now, it sounds like things are going well for you. I often have to remind my family law clients that they need to focus on the proverbial light at the end of the tunnel. While things may not always appear to be going well, if you always act as the "better" parent would, then will most likely prevail in the end.

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Based on what you have stated thus far, it appears that you prevailed in the first custody evaluation. There is no reason to suspect that you won't prevail in the second one as well. Assuming this to be accurate, this will have you prevailing in two separate custody evaluations. As the judge's response suggested, it would be extremely improbable that the judge would change the ruling and give custody to the mother.

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Customer: replied 3 years ago.


I would like to file a motion to hold her in comtempt. Without filing anything the judge will not be aware of what is happening. What are your thoughts on this?


For the record, the first eval. did not favor me, but the judge did after our trial. I wasn't very smart on the first eval. as I called the evaluator on the carpet a couple of times for lying to me. She was annoyed (and embarassed). She did no home study nor was interested in speaking with any of the older children. Judge basically threw the report out.

My apologies as to my assumptions on the first evaluation. Regardless, it clearly worked out in your favor.

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As to a motion for contempt, based on your statements thus far, this certainly seems appropriate. As you may know, a motion for contempt requires 1) that there be an order in place and 2) that the other person knowingly violated that order. From your initial post, it would appear that you could meet this burden and, as you stated, make the judge aware of her actions.

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I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
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Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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