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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.
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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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.
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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