Evaluation gone bad

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vinp76

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Army Judge,

I have written on this forum not long ago about a custody battle my fiancé is going through.
My fiancé just got the evaluators recommendations and it did not go well, not just not well but extremely one sided. He is extremely one sided. He is in PA where the kids are and the opposing side and we are in AZ. He knows nothing about the truth and the life of the children over here and the people and family around them. He has strictly gone by what the 8yr old daughter has said of her want to live their, but she expresses to us when she is here that she want to be here. Also the daughter has told stories that are not true and are going to hurt us, if her words are taken in value in trial. What do we do? Can we have the evaluation thrown out? The oposing side has been told by many and as we were perfectly aware of that they had a real up hill battle. I am beginning to see that i believe the evaluator has been payed off.
 
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Notice to all forum members:

This OP has deleted all of his posts in a previous thread, making it almost impossible to provide relevant advice.



vinp76 said:
Army Judge,

I have written on this forum not long ago about a custody battle my fiancé is going through.
My fiancé just got the evaluators recommendations and it did not go well, not just not well but extremely one sided. He is extremely one sided. He is in PA where the kids are and the opposing side and we are in AZ. He knows nothing about the truth and the life of the children over here and the people and family around them. He has strictly gone by what the 8yr old daughter has said of her want to live their, but she expresses to us when she is here that she want to be here. Also the daughter has told stories that are not true and are going to hurt us, if her words are taken in value in trial. What do we do? Can we have the evaluation thrown out? The oposing side has been told by many and as we were perfectly aware of that they had a real up hill battle. I am beginning to see that i believe the evaluator has been payed off.
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OP, you have the right to litigate whatever you believe to be unfair or unjust. I don't think a professional would accept a payoff in a family related matter. Why? The professional would have too much to lose.

If you believe the evaluation is unfair, hire an attorney. Litigate the disputed items in a court of law. Be advised, you have to prove your case in court. You can't just accuse others without proof.

Kids do say things to please adults, especially young kids. I don't think any professional is going to operate on the word of a child or an adult. The evaluator will be (has been) diligent.

Sometimes you don't get what you want. Sometimes people aren't as happy or pleased with you as you think. Sometimes, you have to let people you love go.


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The evaluator said that this case is not the usual for him because of the distance of the two parties. It is apparent that he is pertaining most of his info on what is going on over their with the kids and their side. The fact is, is that we are good people and are honest and truthful and put ourselves in the right, by being right. Lies have been considered from the father and confirmed by the daughter. We are over here, out of site out of mind.
 
vinp76 said:
irish223, you told me in the other thread that "we are not the once I need to convince" So i felt i was getting a little to personal, as this is very personal. Thats why i deleted, But thanks for putting it up their if that is going to help!
If you can help, please give it a shot.
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Yes, I said that in reply to your second or third post in the other thread. That post was directed at AJ and was mostly personal, legally irrelevant information.

You also deleted your very first post. Although that one also contained legally irrelevant information as well, it also contained information that was pertinent to providing relevant legal advice.

The only thing I can remember is that you claimed the children live in Arizona and the only orders originated in AZ. I pointed out that AZ would retain jurisdiction over the custody issues, so I don't understand why there are any proceedings in PA. You didn't respond to that.

I would try to help, but I can't remember any other specifics, and I completely agree with Army Judge that it's very unlikely that the evaluator is accepting bribes.
 
vinp76 said:
The evaluator said that this case is not the usual for him because of the distance of the two parties. It is apparent that he is pertaining most of his info on what is going on over their with the kids and their side. The fact is, is that we are good people and are honest and truthful and put ourselves in the right, by being right. Lies have been considered from the father and confirmed by the daughter. We are over here, out of site out of mind.
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Just quoting
 
irish223,
The jurisdiction is in PA because when they filed for divorce they where here two weeks shy of the six months to gain jurisdiction in AZ. The jurisdiction of the divorce was in AZ. Hope you can understand this.

And about the evaluation Army Judge, the whole evaluation was mainly about what the daughter and what she is saying and confirming. I did not know kids could decide what is best for them? Thats the evaluators main focus in this and i believe that is what made his decision.
 
Thanks for all your advise by the way, it is much appreciated!
Also any other info needed that i can provide to help better please
let me know!
 
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vinp76 said:
irish223,
The jurisdiction is in PA because when they filed for divorce they where here two weeks shy of the six months to gain jurisdiction in AZ. The jurisdiction of the divorce was in AZ. Hope you can understand this.
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Nope, I can't understand it. I don't know if jurisdiction was transferred to AZ during the divorce proceedings, or if somehow PA courts retained jurisdiction of the child custody proceedings alone, or if everything was decided in PA, or if everything was decided in AZ. Maybe someone else can understand.
And about the evaluation Army Judge, the whole evaluation was mainly about what the daughter and what she is saying and confirming. I did not know kids could decide what is best for them? Thats the evaluators main focus in this and i believe that is what made his decision.
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And in your other thread, you said your wife's lawyer told her not to worry. Surely he has an opinion on this.
 
irish223 said:
Nope, I can't understand it. I don't know if jurisdiction was transferred to AZ during the divorce proceedings, or if somehow PA courts retained jurisdiction of the child custody proceedings alone, or if everything was decided in PA, or if everything was decided in AZ. Maybe someone else can understand.
And in your other thread, you said your wife's lawyer told her not to worry. Surely he has an opinion on this.
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We have the trial on monday in PA so it is what it is. I dont know the details as my fiance would.

She is waiting for her lawyer(woman) to call her back about the evaluation. She said not to worry before hand as the lawyer does not know of the evaluation decision yet.
 
vinp76 said:
We have the trial on monday in PA so it is what it is. I dont know the details as my fiance would.

She is waiting for her lawyer(woman) to call her back about the evaluation. She said not to worry before hand as the lawyer does not know of the evaluation decision yet.
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Just quoting...
 
vinp76 said:
We have the trial on monday in PA so it is what it is. I dont know the details as my fiance would.

She is waiting for her lawyer(woman) to call her back about the evaluation. She said not to worry before hand as the lawyer does not know of the evaluation decision yet.
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I advise every person (client or not) to tell the truth.
In fact, you take an oath to "tell the truth, the whole truth, and nothing but the truth", before you testify.
You attest to that oath with your hand on a Bible and you swear to that statement before the court and Almighty God.

Sometimes, you lose, in spite of the truth.
Sometimes you win, in spite of the truth.

If your attorney says not to to worry, then you shouldn't worry.
Besides, worrying won't help, will it?
It is what it is, as you said above.

You hired an attorney to represent you.
I won't second guess that attorney.
You should trust in the process.
We have the greatest system of jurisprudence in the history of mankind.
Trust in the system and respect its decision.

Your child isn't making this decision.
The evaluator isn't making a decision.
The evaluator will offer a mere opinion.
The court will render a decision based upon all the evidence, not one or two pieces of evidence.
In fact, it isn't evidence until the judge admits it.
Until its admitted, its rumor, gossip, or hearsay.

Just be there Monday and follow the advice of your counsel.
It never hurts to pray.
God does answer prayer.
His answer may not be the solution we seek, nevertheless, its His solution.
So too, will be the judge's decision.
Hang in there, it ain't over, yet!
Let us know what happens.
 
. I don't think any professional is going to operate on the word of a child or an adult.



I would think so too, but he based his evaluation on the words and wishes of the child.
 
vinp76 said:
How much weight does a evaluators opinion have in trial?
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It's just another piece of information a judge uses to render a decision.

Every judge has different feelings about certain evidence. Most judges like to hear what each litigant has to say. I occasionally sit as as a visiting district court judge here in Texas. I've come to rely more upon what the parties have to say(and their demeanor) than what experts say, except in child abuse or molestation matters.



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Thank you so much on behalf of my fiancé and I for your advise! I am sure a light will come through in all this as i believe this will work out in the end. keeping my PMA positive mental attitude, with strength.
 
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