The court will proceeds without the evaluation, assuming the worst.
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You should be able to change the temporary parenting plan to restrict or suspend the visitations, and the same for the final parenting plan too. Keep a good record (like a diary) of what goes on currently, and also the basic facts of the history of the bio dad's visits (and non-visits). The judge at trial will want to hear it all. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on trial, child custody and parenting plans for more information about the legal issues raised by your inquiry. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.”
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