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If a 3110 evaluation was performed but never adopted by the courts, does it expire?

Granite Bay, CA |

My wife and I were in a custody battle for her 8 yr old son. Unbelievably the 3110 evaluator recommended 50% shared custody in July 2012. We opted to fight the recommendation and take the case to trial early this year but ran out of money. My wife and her son's Father opted to handle the custody arrangements outside of court and so the case was dropped. There is no documented or filed visitation plan. Since August of last year, my wife has had her son from Sunday afternoon until she drops him off at school on Friday. Basically she has him 75%. So if his Dad decided to fight her for more time but we can prove her son does much better in the current situation, would the 3110 evaluation still hold water. Does it expire if it was never adopted by the court?

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Attorney answers 3


It's just a recommendation, based on certain facts which the evaluator describes. The more those facts change, the less use the court is going to have for the evaluation report.


I agree with my colleague. The evaluator's recommendation is just that a recommendation. It is not binding authority and the more the facts change the less use the recommendation would be.

Maryam Atighechi is a family law, real estate and civil litigation attorney in Sherman Oaks, CA. 818-647-1152. Please be advised that although Ms. Atighechi is an attorney, the comments posted does not constitute legal advice. You should not rely on any advice or suggestions written and seek outside, independent counsel. An attorney-client relationship has not formed by reading the post.


Custody evals don't "expire" but yours was 9 months ago and it obviously becomes more and more out of date. 50-50 custody is not unusal, especially if both the parents live nearby the the school (if the child is school age). It is good to keep a cheap calender of what hours ea day ea party has the child (not a computer generated calender with long entries that are obviously biased and written by wife just to forwward her case. See an attorney about this.) You should consult with an experienced local family law attorney who may be able to suggest moves to make.

Thomas Neil is a Sacramento attorney, with 20 years experience, representing clients in court in Sacramento, the Bay Area, and surrounding counties. Or, if you cannot afford full representation then Mr. Neil can instead write you the forms and declaration you need, help you serve them, and tell you what to say and you can go to court by yourself. A well written declaration by an attorney, supported by proper evidence, will GREATLY increase your chances of success in court. Our office takes credit cards.

Thomas A Neil
3224 El Camino Avenue
Sacramento, CA 95821
(916) 446-4153