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My son's child custody hearing is this afternoon. He took your advice and did obtain the DUI arrest records of his girlfriend, and spoke to that court's judge which may or may not help. Today he intends to explain his case without witnesses (who are out of town) and will make a motion for continuance. His main question will be what to do about the request his former attorney made for MENTAL EVALUATION. My son cannot afford this and won't pay for it. How can he get this with no money?
Optional Information: Country relating to Question: United States State (if USA): New Mexico Already Tried: He has a letter written by one witness (church lady) who is not available today, but who will testify if court continues the case. My son wants to help girlfriend, but can no longer afford it. Need court's help to get the mental evaluation.
I am afraid that if there was a court order based on motion for the evaluation, if your son has no money to pay for it, then your son needs to file a motion to either have the court provide a no cost evaluation based on his indigent status or to vacate the motion for the evaluation. He needs to at least get the continuance filed today together with a motion to waive fees for the evaluation and he needs to prove he is indigent and cannot afford the evaluation. Then hopefully when they reset the matter he will have his witnesses. If the court refuses to waive the fees for the mental evaluation, then your son needs to check with the local mental health organizations and social services agencies to see about obtaining a free or low cost evaluation.
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Thank you. The motion for evaluation was filed by his former attorney but there is no court order based on that motion. My son's attorney dropped out of the case in February or March. The girlfriend admits she has "emotional issues" when she talks to my son (or last week to me), but then denies it and will deny it in court.
Yes, he can ask the court to waive the fees based on her indigent status and his inability to pay as well. CASA can help, so can the state social services department and the court has a list of people they use for these evaluations.
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law