Can I do an independent custody evaluation along side my court stipulated 730 evaluation.

Asked almost 2 years ago - Newport Beach, CA

Both my wife and I stipulated on a 730 evaluator upon my recommendation since it is my belief that she is alienating me from our daughter. Our daughter is in my wife's primary custody right now. To my horror I found out that the evaluation may take over 6 months. We also stipulated on interim decisions by the evaluator but that is taking some time as well. Would it be worthwhile for me to do an independent evaluation which is quicker (m bringing him in to SoCal because it is difficult to find evaluators in Southern California that will do it in that time frame.

Attorney answers (3)

  1. Nadine Marie Jett

    Contributor Level 16

    Answered . You now have an order for a Custody Evaluation, and this is not just an order, but a stipulated (agreed upon) order.
    The ONLY way you could not stop the evaluation with the Court appointed Evaluator, is by way of another stipulation. If you ex would agree to drop the evaluation, that has already commenced, and agree to go with your private evaluator. Further, even if she agrees, the court may not. You indicate the Evaluator already made recommendations which are being followed.
    While I believe it is too late to stop, and start over, you can try. From the court's perspective, it looks like you are shopping for another evaluator. Also, you run the risk of making the current Evaluator believe you are shopping for a new Evaluator.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
  2. Rhonda Diane Ellifritz

    Contributor Level 13

    Answered . If I were her attorney and did not want you to do this, I would refuse to cooperate. Then your evaluation would essentially be useless. For further information, visit http://www.ellifritzlaw.com

    Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing,... more
  3. Michael John Harrington

    Pro

    Contributor Level 17

    Answered . Can you both stipulate to another evaluator from the court list, if so, go back to court to change experts.

    The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to... more

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