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I have a question on how a 730 report is used or referred to in a court order.

Temecula, CA |

We had a 730 in the 730 the evaluator recommended that efforts should be made to allow me to have more time beyond the custody order when possible. The court adopted the 730 report and then court orders were made on our visitation etc. I have asked father numerous times to have more time with our son, and he always denies it. He says its not in the court orders itself that he doesnt have to let me have more time. I mean I cant even get three hours after school if I am in town and dont have to work out of town that day. How does this work? We have in court records 730 is adopted, and then we have visitation schedule but the extra time when possible was stated specifically in the report adopted. Are there grounds to go back to judge to say father isnt following orders or report?

Does my question make sense? No one is answering . I know if something listed in court orders itself directy are violated I can like visitation schedule is monday and wed from x time to x time. But I am confused how the report which was adopted works in conjuction with the final visitation schedule. The report was adopted the judge agreed with the recomendation right? But now I am having trouble getting any extra time this isnt right!! Do I have grounds or is father right he doesnt have to give me more time?

Attorney Answers 2

Posted

Although it's difficult to provide a precise answer without reviewing the actual order, it sounds like what you may need to do is to file a request to change the custody orders, based on (a) the recccomendation of the evaluator and (b) your ex's refusal to follow the evaluator's directions. You should definitely review ALL the facts with an experienced family law attorney.

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Asker

Posted

I want to go back before evaluator....when we had our joint meeting father was asking for the little time I have now, the evaluator got mad at him literally leaned forward and said nothing warrents what little time you are saying this child should be with his mom, what about him and he pointed to our child in the lobby. Father has gone and decided that he will still do what he wants....I dont think the evaluator will be happy that is why I think the evaluator placed that wording in the report that if I can get more time I should have more time.

Asker

Posted

I know this is vague and you dont have much to go on. So I guess the question is answered the evaluator report is part of the orders.

Posted

Many orders specify times and it sounds like your order should be based upon when you are available due to the nature of your employment. Yes you will have to go back to court to get a more flexible plan as the cp is being a jerk.

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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Asker

Posted

I sent him an email last week asking "Please tell me why you wont let me spend more time with our son" Father creates a list of all the ways he thinks I am violating court orders and those reasons are why he wont give me more time..... and what is killing me is I am not violating any court orders!!! Should I bring this letter to the judge....its reads like when I "obey" him and he likes how I treat him then he will let me see our son more . "when I behave" ...... I cant even respond to him. I cant comprehend his logic or doing this to him!!! When I had 70% years ago I always gave him more time infact he took me back to court so the child support would reflect he was getting 50/50 well I did that because our orders stated if father could spend more time with the child to honor his requests and I did...now that its flop flopped 8 years later our child deserves the same treatment with his mother now!!! AGGHHH I hope judges can see what is going on when they read the emails. We are going back to court going to file next week

Asker

Posted

What realistic expectations should I have from the judge when he sees the reasons why father is saying he wont give me more time? The judge sees I am following court orders etc Father is acting as judge and jurer on his own and I have to admit I am getting angry I am angry this is so upsetting I am the mother a good one....what can I ask the judge to do like what kind of punishment or penalty etc can I ask to be put on father for this crap....realistically? The reason why I am asking for a penalty of something be put on father is because this isnt the first time he trys to plays games with our custody and I always turn the other cheek to try to move on but it is allowing father to be more brazen and I am done, burnt cooked if he cant share custody peacefully and put our child first well......agghhh so frustrating dealing with someone justbeing a jerk

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