State of California. A court ordered 1 day parenting evaluation was done 4 months ago & I was awarded physical custody. I got a letter in the mail from her lawyer yesterday (5 days before the hearing) that she is requesting the order to be changed granting her physical custody.
Her reason for wanting it changed is due to my supposed mental condition. She has attached exhibits with photos of my pill bottles & and listed what she thinks is my psychological diagnosis. This is very damaging to my character & I am appalled that my confidential information has been disclosed and feel my rights have been violated in an attempted to gain the upper hand on orders that are already standing.
I would like to first know if this is even legal and what I could do as a self represented parent with custody. Second, how likely is it that a judge will even consider these accusations as a means to change an order for custody/visitation that is already standing. I feel that if my mental state was of any issue, the evaluator would have felt a concern when doing her evaluation on the both of us. She was thorough in everything that she asked and I was very truthful during our ppa.
You need to move to have that stricken. it's irrelevant, hearsay and improper.
"The motion may be brought only to strike for the following reasons:
a. To strike "irrelevant, false or improper matter inserted in any pleading"
b. To strike a pleading or part of a pleading "not drawn or filed in conformity with the laws of this state, a court rule or order of court."
All of Ms. Straus’ responses posted on Avvo are intended as helpful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. Good luck.
Are you saying that the recommendation of the parenting evaluator was for you to have primary custody and submitted a report to the Court for an upcoming hearing? Was there a hearing where the Court awarded you custody? Or was the evaluation a recommendation provided to the Court in order for the Court to make an order? Did Mother's attorney filed a response asking the Court to deny you custody despite the evaluator's recommendation because of some mental condition they are trying to assert to the Court? If so, I suggest that you contact an experienced family law attorney who can quickly file a reply declaration as well as a Motion in Limine, Objections to their Declaration, a Motion to Strike and a Request for a Statement of Decision, which requires that the Court make a writing as to why they have made their order regarding Custody and Visitation. It appears as my colleague states, hearsay that should not be brought before the Court. Good luck.
I don't see in your facts that OppAtty "posted" medical disclosures; rather, it seems he raised a medical condition in pleadings that oppose the recommendation of the mediation, and I think that his argument is protected by the litigation privilege. Your mental stability is an issue for custody determinations.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline