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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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This question is for Alexia Esq., Sorry to hear about the water heater, hope it is back up and running :) I was just annoyed by the system because I chose you...then did not get you. I will definitely rate Mary's answer as you suggested. After rereading my original question I think that I should have been more specific. The psych evaluator says that my wife is not a danger to our daughter and wrote his summary assuming her lies were facts. He did absolutely no due diligence to prove her accusations. Apparently my wife accused me of abusing her, belittling her, yelling at her etc which is all bull. I have recording wherein she says that I never abused, belittled or yelled....the psyche evaluator never even asked me if I did such things!!!! My wife's mother was known to abuse her in childhood and the psych evaluator kept putting me in the same sentence as her like we were equals! The problem is that I did not know she was accusing me of such things. She never put that in her original affidavit when she filed for divorce or motion for temporary custody, just came up in sessions with various mental health professionals. Had I known, I would have spent significant time during my interviews with the psychologist and parenting investigator attacking those lies. I think I can sum it up best; can you explain the influence of the psych evaluation on the parenting investigation and/or eventually the judge? Does the fact that she has no friends/family, has diagnosed mental health issues, and the aforementioned incidents over the past year mean anything to the parenting investigator or judge? Again I am just worried about the "weight" of that bull report. Thanks

Submitted: 1 year ago.
Category: Family Law
Expert:  AlexiaEsq. replied 1 year ago.
Hey again, nice to see you!

This question is for Alexia Esq., Sorry to hear about the water heater, hope it is back up and running :) Good grief, the hours old one also leaked at the pressure valve, but depressurizing and puttying it as directed did not stop the problem. We are returning and not-rebuying there - but heading to a mom and pop that sells higher quality appliances (albeit at a higher price, but you get what you pay for).

I was just annoyed by the system because I chose you...then did not get you. I will definitely rate Mary's answer as you suggested. Thank you.

After rereading my original question I think that I should have been more specific. OK.

The psych evaluator says that my wife is not a danger to our daughter and wrote his summary assuming her lies were facts. That is a major point, particulary when you provide evidence to the contrary when you assert to the Judge why he should not put much weight on this evaluator's opinion - it is based on inaccurate information.

He did absolutely no due diligence to prove her accusations. Apparently my wife accused me of abusing her, belittling her, yelling at her etc which is all bull. I have recording wherein she says that I never abused, belittled or yelled....the psyche evaluator never even asked me if I did such things!!!! Well, if you think about it, your answer would't really matter, because no one tells the truth (well, almost no one) about actions like that if they did them. So everyone denies, innocent or guilty.

My wife's mother was known to abuse her in childhood and the psych evaluator kept putting me in the same sentence as her like we were equals! The problem is that I did not know she was accusing me of such things. She never put that in her original affidavit when she filed for divorce or motion for temporary custody,Another point in your urgings to the judge that this is a new fabrication...

just came up in sessions with various mental health professionals. Various? How long has she been treating? You will also point out that there was no 911 calls ever - and not because she was timid - look at her social life? She was certainly not under your thumb of control...

Had I known, I would have spent significant time during my interviews with the psychologist and parenting investigator attacking those lies. What did the parenting investigator say?

I think I can sum it up best; can you explain the influence of the psych evaluation on the parenting investigation and/or eventually the judge? They are one piece of several to his decision, as I see it. So like other evidence, you argue why it should be given little weight. Why your lawyer argues for your keeping custody, he/she will likely argue why the opinion of the XX person should not be given much weight, if any, because it was based on inaccurate information that he presumed to be true. But, since the judge knows there is no evidence of those alleged facts that the evaluator based his opinion on, he is urged to find that the conclusion of the evaluator simply can not be given weight under the circumstances. The Conclusion concerns a mythical woman who was severely abused, causing her poor decision making, and does not concern the defendent, a woman not abused but you has severe mental illness, apparently, and has repeatedly engaged in dangerous behavior.

Does the fact that she has no friends/family, has diagnosed mental health issues, and the aforementioned incidents over the past year mean anything to the parenting investigator or judge? I can't speak for them, but absolutely it should. If the mental health illness has longevity into the past, particularly if it pre-dates you, there is no reason to believe it will disappear, even though proper medical care may (or may not) allow her to function better. But functioning letter does NOT mean that makes her automatically the person with whom custody should lie, "in the best interests" of the child. If the child is happy and heathy right now, it is a testament to your childcare, not hers, and I'd point that out. Putting the child with the mother is a gamble the Judge should not make - particularly when the child has a rather ideal setting currently, as far as a child of a split family can, with an ill mother.

Again I am just worried about the "weight" of that bull report. Exactly! The WEIGHT is what you will be arguing to the judge for all the reason you have noted. All else being equal (which they are NOT, in this case), an evalutor's opinion would typically hold substantial weight. But here, not all IS equal - not only does she have a risky history that is recent and severe, and not only do you have the added plus of experience raising the child that the mother chose to not enjoy, which has resulted in a happy health child who has had a stable environment of love and care, but the evaluation was based on erroneous facts as supplied by the defendent, lack of investigation into newly fabbed accusations by the mom with a reliance on the presumed truthfulness, which means his evaluation is based on non-facts that do not exist in this case - therefore, his evaluation is not, in reality, addressing THIS case, but some imaginary case. (This reminds me of the expert shrink in the Jodi Arias case - his testimony was shot down BECAUSE he based his conclusion on believing what she said, and it was later shown that she was lying in what she stated to him - thereby destroying the credibility/trustworthiness of his conclusion.)


Thanks
Welcome!

I hope this helps! My goal is to provide you with excellent and accurate service - if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.



Sincerely,

Alexia Esq.

AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11712
Experience: 19+ Years of Legal Practice in Family law matters.
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