How to discredit a parent evaluation before going to trial?

Asked about 2 years ago - Bellevue, WA

My husband filed for divorce 7 mo. ago. I had 80 percent of the custody for 3 mo. until a parent evaluator was assigned who sided with my husband. He now has had primary custody for 4 mo. in a temp parenting plan. We are set to go to trial in August. I have multiple people helping me with this counsel, specialists etc. How can we get back into court before the trial to change the temp parenting plan back to how it originally was when I had the children? What kind of circumstances could change this? My husband planned this for 2 years or more and set me up. The parent evaluator said in 6 mo. we can reevaluate. Benchmarks were proposed at 3 mo. then 6 etc. The court adopted the 6 mo. re-eval but I want to go back earlier. What strategies could help my case?

Attorney answers (2)

  1. Glenn E. Tanner

    Contributor Level 14

    1

    Lawyer agrees

    Answered . You need to see an attorney. You probably need to analyze the parenting evaluation and so you need help digesting that, perhaps with the aid of a person trained and qualified to do evaluations.

  2. Dave Hawkins

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Did you file for a revision after the last hearing? If not, you have waived your right to challenge the temp order. You can file a new motion for temp orders based upon changed circumstances, but disagreeing with the Parenting evaluation is not changed circumstances. You will most likely have to wait for trial to attack the report. You can do the GAL's deposition as well as hire a forensic expert to analyze the report and testify to hi/'her findings. If your husband filed 7 months ago and it is a King county case, you are running out of time quickly because all of this has to be accomplished before Discovery cut off.

    The information is for general information purposes only. Nothing stated above should be taken as legal advice for... more

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