My ex husband is trying now for sole custody of our child. Not his first time. We have seen 730 evaluator 2x in past last time evaluator got upset with dad for asking for the schedule we have now. That was 2 years ago. I am requesting to modify schedule but dad wants sole ... He is also fighting on going back to 730 and wants to do a family therapist instead but the 730 had been on our case for years. He knows our history more than the judge too. What are my rights in getting us into see 730 evaluator when stakes are so high.... Do I try the therapist first then if that doesn't work then fight for 730? My ex and his attorney are fighting hard for sole custody. Lying laying it on heavy it's overwhelming . Is there a family code law I can reference here?
"730" IS the family code; your arguments are good; perhaps try the therapy and hold the updated 730 in the wings. If I'm reading this correctly, it seems that the initial request this time around was yours - for schedule modification - and he came back with the request for sole custody. Your request is unlikely to require a 730 if modification is truly just to re-schedule and you might point that out in your reply. Otherwise, the need for an updated 730 depends on the magnitude of the change, and the reasons asserted.
No, you don't have a right to see the same evaluator. Beyond that, I'm not clear on the facts.
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When stark allegations of materially changed circumstances are brought before the court, the court usually does need an expert to ferret out the meaning of the allegations. It is a matter of judicial economy to use the same expert, since the new expert would have to redo all of the prior work. But the old expert would only have to do an update, which would be faster and cheaper. Argumenagainst using the same expert usually sound a bit silly.
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When the court selects a 730 evaluator it is the court's expert on the case. The court will usually use the same 730 evaluator through out the case. The judge will send you back to the same 730 evaluator unless you agree to use someone else.
I would not have my client agree to use a therapist instead of the existing 730 evaluator unless the 730 evaluator was against us. Why use someone with less credentials that the 730 who is probably a PhD.
This is also a post judgment matter from the sound of things. In order to change the current orders the moving party must show that there has been a change of circumstances that requires the order to be modified.
You really need to talk with a family law attorney. This is a difficult area and you can not afford to loose custody.
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