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MIAMILAW1127, Family Law Attorney
Category: Family Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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Happy New Year! I have a new issue. Me and my ex are trying

Customer Question

Hello Doug,
Happy New Year! I have a new issue. Me and my ex are trying to work out our custody issue. I was planning to get 70/30 but he wants 50/50.
I wanted to remind you that he had domestic violence which was dismissed because I didn't pursue it, he went to rehab for drug abuse and he has depression, generalized anxiety and ADD for which he is taking medication daily.
My ex just sent me text where he informed me that he is meeting with his psychotherapist on our son's behalf, and he will try to prove that I am paranoid and I am a hoarder and that our child doesn't progress with me and it is not beneficial and even dangerous for him to be with me. By the way, since our child was diagnosed with autism, he had therapy and he is making a lot of progress- he started talking.
I do have some stuff in boxes in my bedroom that I didn't unbox since our move because I was very stressed out about our divorce. My living room is clean and picked up.
He said that his psychotherapist will connect him with their legal team, and she will be willing to be the witness in court re: custody case. This doesn't sound right. Does psychotherapist has access to lawyers? Can she testify about my character and mental state if she is not my dr and she didn't evaluate me?
I heard about 730 custody evaluation. I heard that it could be very expensive- from 3 to 7K and we would have to pay for that. Is it correct? Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

Thanks for asking for me but I'm afraid that I must opt out of this question.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.


Expert:  MIAMILAW1127 replied 1 year ago.

Hello. I am going to be assisting you with your question today.

Please note: This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It is doubtful that the psychotherapist has a "legal team." They may know an attorney that they can refer your ex to. The psychotherapist can testify about you, however he cannot diagnose you or testify as to your diagnosis if he is not treating you. That is correct. You would have to pay for that.

I hope I have answered your questions. If I have not, please feel free to ask any follow-up questions you may have. Also, please do not forget to rate my response at your earliest convenience.

Thank you.

Customer: replied 1 year ago.
Hello, thank you for your response. I wanted to clarify about 730 evaluation. Can my ex request it, and does it mean he would have to pay for it? Thank you!
Expert:  MIAMILAW1127 replied 1 year ago.

Your ex can request a 730 evaluation. This can typically happen in any of the situations below.

"When the best interest of the child is in question, it is likely that a California Judge, or a Judge in any state for that matter, would request a 730 Evaluation. Custody and visitation orders are often based on the findings of these evaluations, which could be ordered for a number of reasons, including:

  • Concerns about child abuse.
  • Substance abuse.
  • Mental health problems.
  • One parent wishes to move out of state and the other parent objects.
  • Questionable parenting practices that could have a negative impact on a child.
  • The parents are unable to agree on the custodial arrangement.
  • There is a question about the child’s upbringing."
Expert:  MIAMILAW1127 replied 1 year ago.

The cost would be split by both parties, typically.

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