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Can I do an independent custody evaluation along side my court stipulated 730 evaluation.

Newport Beach, CA |

Both my wife and I stipulated on a 730 evaluator upon my recommendation since it is my belief that she is alienating me from our daughter. Our daughter is in my wife's primary custody right now. To my horror I found out that the evaluation may take over 6 months. We also stipulated on interim decisions by the evaluator but that is taking some time as well. Would it be worthwhile for me to do an independent evaluation which is quicker (<30days) which may help the judge agree to allow me to have more time with our daughter? The evaluator I am thinking of hiring is qualified and has done evaluations in the state of Washington. I'm bringing him in to SoCal because it is difficult to find evaluators in Southern California that will do it in that time frame.

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Attorney answers 3

Posted

You now have an order for a Custody Evaluation, and this is not just an order, but a stipulated (agreed upon) order.
The ONLY way you could not stop the evaluation with the Court appointed Evaluator, is by way of another stipulation. If you ex would agree to drop the evaluation, that has already commenced, and agree to go with your private evaluator. Further, even if she agrees, the court may not. You indicate the Evaluator already made recommendations which are being followed.
While I believe it is too late to stop, and start over, you can try. From the court's perspective, it looks like you are shopping for another evaluator. Also, you run the risk of making the current Evaluator believe you are shopping for a new Evaluator.

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Posted

If I were her attorney and did not want you to do this, I would refuse to cooperate. Then your evaluation would essentially be useless. For further information, visit http://www.ellifritzlaw.com

Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.

Posted

Can you both stipulate to another evaluator from the court list, if so, go back to court to change experts.

The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.

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