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What can I expect in a psych eval (PE) regarding custody of a 3.5 yr old? Is a judge going to take a late referal?

Fresno, CA |

My ex filed a motion in Nov, and moved out of state in Dec. We attended court in Jan, mediation in Feb. and had a temp. min. order in place as of Mar. 8, with a referal to family court services for a psych eval my ex was adamant about pursuing. The judge ordered him to pay in full since he was pushing it, and told him it expired after 90 days (June 6). He was given a 3 week visit every summer per mediators recom., and when he came to get our daughter he completed his PE (June 12-15) while she was in his custody (without my knowledge), AFTER the 90 days was passed. Our min order was signed and permenent as of July 3, w/judges signature. I've been advised to take the PE (which isn't paid), because I could upset the Dr. and look uncooperative. I'm willing to cooperate, but why set a deadline?

As stated above, I'm willing to cooperate, however, I'm wondering, what goes on? What are they looking for? What types of questions are they going to be asking? I'm a good single mother, my daughter is starting preschool in a month, I have a stable environment, I have a stable income, positive influences surronding our daughter, and one helluva support system/extended family. Her father is already married, and has a one yr old with his new wife. I've been told there are three appointments, one for myself, one with family and friends, and one with the child. Is there any way a Dr. is going to penalize me for not getting into another relationship or having another baby and take her away from me because I don't have the "traditional" family? Will a judge even accept a late submission of a PE? I'm assuming he set a deadline for a reason..and if not then why set one? I made the Dr aware of the expiration date for the referral, and he took it anyways. Is that frowned upon?

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Attorney answers 2


I'm sorry but it sounds like what you really need is a lawyer to advise you. You raised several issues in your post and a lawyer would have to review the facts of your case and its history before giving you advise.


In short, the PE is intended to obtain additional information about your family dinamic than that from your mediation. They will attempt to determine what is in the best interest of your child, with consideration to the bond between your child and the parents, as well as other behavioral issues of the parents which may be harmful to the child. The deadline is pretty typical in Fresno County. Should you wish to further discuss your matter, please feel free to contact us for a free consultation.

The answer is based upon the limited information provided and does not create an attorney-client privileged relationship.

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