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

San Diego, 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 european vacations 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?

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Attorney answers 3


Please consider seriously to hire 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.


You already have an attorney to ask all those questions and you are paying him to answer those. What is your question exactly? If you want to order this evaluation ask your attorney to file a motion for reconsideration and suggest pay for half of it or for all of it if you believe it will be helpful. Nevertheless your attorney is in the best position to make that call.


Keep in mind that the court may fix compensation for a 730 Evaluator's services "at the amount that seems reasonable to the court." Evid. Code Section 730. Weigh the pros/cons of coming up with the funds. As for the move away, the court will have to consider a number of factors as listed in the cases of In Re Marriage of Burgess, In Re Marriage of LaMusga and other cases concerning international move aways. Best of luck to you and your family!

My response to your question is not intended to be legal advice and does not establish an attorney client relationship. Rather, it is simply provided as a free service through Until there is an executed representation agreement, no attorney client relationship has been established.

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