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Child custody, parental alienation, international move away, 730 custody evaluation.

San Francisco, CA |

My ex has been alienating me from our daughter since the day she was born.
Now she has requested an international move away to ride me of our daughters life for good. She claims her and her new husband have no money, yet they live a lavish life style and take 3 week long vacations Europe 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?

Attorney Answers 4


  1. There are a lot of things that you can do, many of which - as you are aware - cost a considerable amount of money. If you want a custody evaluation to be completed, it would be wise for you to immediately request that it be done, including offering to pay for it if you can find the money to do so. Additionally, if you are concerned about the financial claims, doing discovery (in particular document production) would advisable to obtain copies of your ex's bank statements. In the alternative, bank records could potentially be subpoenaed.


  2. Depending on where the international move is, you might convince the judge to deny the international move. Where is the proposed move?

    Total Mobility Law is an international law firm that lets companies do global business with the knowledge and confidence they need to comply in any country. Our answers on this site do not constitute legal advice, nor do they establish an attorney-client relationship. The only thing that can do that is a signed Engagement Letter and Fee Agreement, which you can get by contacting us through www.totalmobilitylaw.com.


  3. You need to think seriously about hiring an international attorney. Best

    This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.


  4. Custody/move-away cases are always the most expensive and emotionally draining in family law. The problem with such cases is that both parties present two extreme set of facts to the court, e.g. mom will claim father doesn't care about the child which is why he has spent "miniscule" time with the child; while, father will claim he has spent little to no time with the child because of mother's "alienating" behavior. In such cases, asking for a 730 custody evalution is justified. As my colleague correctly stated, such evaluations are expensive. If you feel that you can afford such an evaluation, then the next step is to ask the court for one--either as a separate motion or at your next hearing (or status hearing).

    Remember, the basis of your request and/or the basis of the 730 expert's recommendations are going to be based on the "best interests of the child" legal standard.

    If you cannot afford to hire attorney, please note that some attorneys provide coaching sessions. This is especially helpful in situations where a party needs legal assistance, but can't afford to hire an attorney to fully represent them. As you most likely already know, legal fees in such cases can be astronomical.

    Good luck.

    PLEASE READ--before emailing, commenting or calling: As a rule, I do not respond to "comments" that are designed as follow-up questions to the originally-posted question. I specifically do this as to avoid creating any confusion to the originating author of the question and to prevent any attorney-client relationship from forming--as this is not the goal or intent of this attorney or the Avvo creators. Further, I am only licensed to practice law in the State of California; therefore, any information provided in this answer is intended for application in California. Second, the information provided in this answer is solely intended to serve as GENERAL INFORMATION, and, at most, to serve as a catalyst for discussion between you and an attorney. Under no circumstance, is this information provided in this "Answer" intended to be construed as legal advice--and is not to be considered legal advice for any purpose. If you wish legal advice, then it is recommended that you contact a licensed attorney in your area to discuss the particulars of your case. Only by engaging in a meaningful discussion with a licensed attorney, can an attorney then provide you with legal advice.

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