My ex has been alienating me from our daughter since the day she was born.
Now she has requested an international move away to seal the deal. She claims her and her new husband have no money, yet they live a lavish life style and take european vacations annually.
During a conference call a few weeks ago between the judge my lawyer & opposing counsel the judge stated he was inclined to allow the mother to move with our child because the time I have with our child is so miniscule. The judge also stated During the conference call that he was not going to order a 730 eval because the parties do not have any money to pay for one. IF I have to I will find the money to pay for half of an evaluation.
The mother is completely lying about her income. I feel like I need a 730 custody eval to prove her actions are nothing more that a final ploy to eliminate me from our child for good. What can I do?
International Law Attorney
Multiple question will not give you different answers. Please read my prior answer. Best
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What does your lawyer say? I am not licensed in California so I can not speak to CA marital law. What I can say is that you should be asking your attorney these questions, or hire a new attorney whom you feel you can ask these questions of. Your child's future depends on you and your ex; you should give her the best you can, and that means having you and your attorney on the same page.
A 730 psychological examination is common in custody questions. It depends on state law as to who pays for the evaluation. Often the cost is born by both parties to the extent of their respective incomes. A judge is not likely going to easily deny a motion for a psychological examination, regardless of the parties ability to pay. That being said, there are so many factors for a judge to consider that one can not make a blanket statement. The judge is trying to determine what is in the best interest of the child. Parental bonds are important, education is important, and the emotional health of the child is important. If you feel a 730 evaluation will help your case, you should pursue it.
Why is the time you have with your child "so miniscule?" I strongly believe that a child needs both parents (no offense to step-patrents) and that if all anger can be put aside and the best interests of the child considered, a successful healthy, happy, emotionally strong child with strong bonds to both parents can result. Even with long distance relationships.
Keep up the faith. Talk with your lawyer (or hire one you can talk to) consider what is really best for your daughter, and fight for it.
My disclaimer is simply that Avvo already has an adequate disclaimer.
Please see our other answers. This will likely not involve international law, except that the mother will be able to use the Hague Convention to strengthen her argument to move to Israel.
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