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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19475
Experience:  B.A.; M.B.A.; J.D.
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My ex filed change in custody of our daughter. I have

Customer Question

My ex filed for a change in custody of our daughter. I have been the stay-at-home parent with her for 8 years. I have sole physical custody of her. The Ex does not want to pay child support and wants to take the payment money my daughter gets from my SSDI.
There has to be a 'material and substantial' change in circumstances for a change in custody take place. In her court pleading my Ex stated she had become aware I have become emotionally unstable which they didn't know at the time of the divorce decree signing.
There was no statement as to what brought my Ex to this false conclusion but I still had to have and pay for a home evaluation. During that time my Ex involved our child in a 100 mile-per-hour DUI crash and the Department of Child and family services made
a determination "failure to protecting child" against my Ex. I thought that would put a stop to the custody change scam but they moved forward with the home evaluation anyway. We met for a home evaluation conference as required by law and the home evaluator
stated she was not going to recommend any change in custody because the child was prospering in my care. About a month after the conference, I've received notice the Ex was taking it to trial. The question has been asked numerous times, why do they move forward
with this when even the custody evaluator said she would not recommend any change in custody. The evaluator wrote a report and in the report the evaluator states that my Ex said the reason I was deemed to be emotionally unstable was because I had filed a lawsuit
against her employer and an alienation of affection suit against the person that had been having a long term affair with my spouse. So for the first time I have the answer as to the intention of the custody lawsuit, its payback and revenge for me filing a
lawsuit. I am filing sanctions against this frivolous and harassing suit and I would need to use the information from the home evaluators report that was submitted to the court. I noticed the evaluator had put those damaging comments in quotes. My questions
are: Q1. Is that still hearsay because I'm reading what the Ex said to the evaluator? Q2. If it is, would I have to do discovery to get her to admit those comments were made to the evaluator? Q3. If I did a deposition and deposed the evaluator and she claimed
the comments were made to her, is that still hearsay or could I use it? Q4. Can I use any paragraphs in Rule 11 Sanctions if they apply though the paper was not sent to them for 21 days to make corrections or would none of the paragraphs apply unless the paper
was sent to the opposing counsel? Thanks
Submitted: 2 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 2 years ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
My ex filed for a change in custody of our daughter. I have been the stay-at-home parent with her for 8 years. I have sole physical custody of her. The Ex does not want to pay child support and wants to take the payment money my daughter gets from my SSDI.
There has to be a 'material and substantial' change in circumstances for a change in custody take place. In her court pleading my Ex stated she had become aware I have become emotionally unstable which they didn't know at the time of the divorce decree signing.
There was no statement as to what brought my Ex to this false conclusion but I still had to have and pay for a home evaluation. During that time my Ex involved our child in a 100 mile-per-hour DUI crash and the Department of Child and family services made
a determination "failure to protecting child" against my Ex. I thought that would put a stop to the custody change scam but they moved forward with the home evaluation anyway. We met for a home evaluation conference as required by law and the home evaluator
stated she was not going to recommend any change in custody because the child was prospering in my care. About a month after the conference, I've received notice the Ex was taking it to trial. The question has been asked numerous times, why do they move forward
with this when even the custody evaluator said she would not recommend any change in custody. The evaluator wrote a report and in the report the evaluator states that my Ex said the reason I was deemed to be emotionally unstable was because I had filed a lawsuit
against her employer and an alienation of affection suit against the person that had been having a long term affair with my spouse. So for the first time I have the answer as to the intention of the custody lawsuit, its payback and revenge for me filing a
lawsuit. I am filing sanctions against this frivolous and harassing suit and I would need to use the information from the home evaluators report that was submitted to the court. I noticed the evaluator had put those damaging comments in quotes. My questions
are: Q1. Is that still hearsay because I'm reading what the Ex said to the evaluator?

Response 1: Yes, it is still a hearsay because the evaluator was repeating what your ex said.
Q2. If it is, would I have to do discovery to get her to admit those comments were made to the evaluator?
Response 2: Yes, or you can get her to testify.
Q3. If I did a deposition and deposed the evaluator and she claimed the comments were made to her, is that still hearsay or could I use it?
Response 3: It is still hearsay.
Q4. Can I use any paragraphs in Rule 11 Sanctions if they apply though the paper was not sent to them for 21 days to make corrections or would none of the paragraphs apply unless the paper was sent to the opposing counsel? Thanks
Response 4: I do not understand this question. Kindly clarify.