It's very important that you're thoroughly prepared before you start an evaluation with a child custody evaluator it's important that you understand the psychological testing that's going to take place, it's important that you understand each of the issues and your position on those issues, and it's critically important that the child custody evaluator is informed of all of the important information that's relevant to the child custody decision if there's past domestic violence they need to be informed about that, if one of the parents has been more of a primary care provider for the child than the other parent, that's important.
To explain to the child custody evaluator, and theres other things that are relevant as well, but my point that I want to make now is that you need to make sure that you outline every single issue so you don't forget anything thats relevant to any of the factors that, that child custody evaluator is going to consider. With our clients, I prepare a detailed letter to the custody evaluator that can be 2030 pages long on a complex case we attach exhibits so if there was domestic violence, for example, we're going to attach.
A copy of the police report, if there has been damage to the home and there's photographs of that, from domestic violence we're going to attach photographs of that to this letter, and we've outlined everything in detail so the client can use that as a road map, but the child custody evaluator has it in their hands before our clients even start the process. It's been our experience that these have been very helpful to our clients in getting them organized and prepared for that evaluation and in influencing the outcome of the child.
Difficult Personalities in a Child Custody Case Los Angeles Child Custody Attorney David Pisarra
Hey Guys David Pisarra here with MensFamilyLaw. Have you got a personality disordered spouse Is that what we're dealing with in a a child custody case Listen up and let's see what you've got. There's three main problem personality types we deal with in divorce and child custody cases. There's a manicdepressive and they kinda have an up down problem. they go from being really happy to really sad to really happy to really sad. They're not that big of a deal when it comes to child custody, then we've got the narcissistic. the narcissistic.
Personality is somebody who its all about them. No matter what you're doing it's about how it affects them. No matter what you're saying, it's how they look. No matter what you're doing, it's how they're going to feel. The third most dangerous one that we deal with is the borderline personality. This is somebody that looks at you and in the beginning part of your relationship you probably were the prince charming, you probably were the best thing that ever happened. The most wonderful boyfriend, the most fantastic husband. and.
Along came a child and the focus shifted and when the focus shifted, you suddenly became worthless, useless, the worst thing ever, horrible, the meanest, most inconsiderate, thoughtless, terrible, negligent, incompetent parent of all time. That's the borderline personality. You're going from one extreme to the other. You go from Oh My God you're the best thing ever to, horrible horrendous, terrible parent. The problem that we deal with is, Narcissistic and Borderline personalities can't really be cured. and they're very difficult to deal with when we get into court because they're usually very convincing. They're very.
Manipulative. They're very good at making the judge feel like Well they're just the most concerned parent ever, and you clearly are just a negligent human being. So when we're dealing with these as parties in a divorce, we frequently have to bring in a psychologist to try and explain what's going on and we put each side through some testing to figure out what's really going on and with the personalities and who's going to be the more stable and loving parent. And who's really telling the truth. Because oftentimes the really controlling.
Manipulative person is able to spin things so that it looks like you are the one that's wrong. Even though they are the ones who are at fault. I hope that gives you a sort of a brief overview of what we're dealing with here with the manic depressive personality, the narcissistic personality and the borderline. I'm not psychologist, so you probably gotta do some research on that but those are generally what we end up in family court, and those are the battles that we have to fight. If you've got other questions, you want to talk.
How to Prepare for Divorce and Child Custody Mediation
Hi, my name is Tim Colgan. I'm a divorce and custody mediator with Colgan and Associates. Parties that I work with in mediation often ask me how can we be prepared to begin our mediation process so that we make the most efficient use of our time. Here are a couple of things that you can do in preparing for mediation to help you. First, begin to compile and gather as much financial information as you can. You're going to need information regarding bank statements, retirement accounts, the value of your home, the balance owed on your.
Mortgage, any debts that you might have, any other assets of any value. That information is going to be very helpful and informative to both of you as you move through the mediation process and will help the mediator understand who the two of you are and the issues that you need to address. Second, if you can, begin thinking about your forward looking needs and interests. Mediation is a process that allows parties to begin thinking about where they want to be a year from now, five years from now, 10 years.
From now. In this process, you have the ability to examine your own goals, needs, and interests and in doing so evaluate those goals, needs, and interests against possible options for resolution. In doing that, it's a very powerful process that allows you to really make a very tailored and long lasting resolution for yourself. Finally, determine if there are any priority topics that you need to deal with during the first mediation session. Mediation is a great process because it allows the parties to control and decide what issues they need.
To discuss first and foremost. For instance, do you need to address a schedule for the upcoming school year for your kids Do you need to address who's going to pay bills once you're no longer living in the same home If you give some thought ahead of time to any priority topics that need to be addressed, the mediator will be able to hone in on those issues and be able to work with you first and foremost to be able to get resolution on those particular topics. If you'd like more information about mediation or if you just want to give.
Child custody and visiting rights across EU borders
Are you one of the many international couples, perhaps living outside your country of origin, benefiting from free movement and the opportunity to study and work in the EU If your relationship breaks down, it might become more complex It is important that your children and regular contact with both parents, have a personal relationship and regular contact with both parents, who might no longer live in the same country. By talking with your partner you will be able to agree on important custody aspects such as your children's living arrangements, finances,.
Schooling and visiting rights. If you need additional support to reach an agreement, you can approach an expert mediator, family lawyer or your child welfare authority. If you are unable to agree in this way and you need to go to court, EU rules will help to determine which court is the right one to hear your case. Once the court has decided on parental responsibility, its enforcement will be made easier in any other EU country. For more information and help on making the best decision for all, visit the family section of the European ejustice portal.
What is Neutral Evaluation
NARRATOR OFF CAMERA Here's the situation Ms. Smith is a homeowner who hired Mr. Espinoza, a contractor, to paint her house. She claims Mr. Espinoza's workers caused damage to a wall in her house and did a poor job of painting. She paid him half of his fee in advance. He wants to be paid the rest of his fee. Ms. Smith is representing herself and Mr. Espinoza is represented by his lawyer, Mr. Kim. NARRATOR OFF CAMERA We'll attempt to resolve their dispute using the four most common ADR techniques mediation, settlement conference, neutral evaluation, and arbitration.
NARRATOR ON CAMERA In neutral evaluation, a legal expert called an evaluator will listen to each side present the evidence they would show at trial. The evaluator then delivers a nonbinding evaluation of the case basically how he or she predicts a judge or jury will decide at trial. The process is confidential. EVALUATOR Ms. Smith, if this case goes to trial, what will you present to the judge, and what damages are you seeking Ms. SMITH I hired Mr. Espinoza to paint my houseDISSOLVE TOasked my neighbors for references and he had great referencesDISSOLVE.
TOso you can imagine how disappointed I was when they started to paint the living room wall and the entire wall caved inDISSOLVE TOAll they had to do was come and tell me that the wall might have dry rot and I would have told them to stopDISSOLVE TOHe just needs to help me out with this and share some of the responsibility. EVALUATOR OK, thank you. Mr. Kim, what will your client present to the judge or jury LAWYER When Mr. Espinoza's workmen started working on Ms. Smith's wallDISSOLVE TOthey.
Signed a contract and she agreed to all the terms and now she's kind of backtracking.DISSOLVE TOwe just don't see how Mr. Espinoza was in any way responsible for the wall.DISSOLVE TOnow she's trying to blame that on him and he just did the job that he was paid to do. And they signed a contract and they had an agreement and so, it's only right that he should get paid. NARRATOR OFF CAMERA The evaluator then asks each party questions and gives each side an opportunity to respond to all the allegations.
EVALUATOR Okay, thank you. I'm going to leave the room now to collect my thoughts and when I return, I will ask you if you would like to discuss settlement or hear my prediction of how a judge or jury will decide this case at trial. NARRATOR ON CAMERA The evaluator leaves the room and returns 10 minutes later. Ms. Smith is interested in settling, but Mr. Espinoza and his lawyer want to hear the evaluation first. Under Court rules, an evaluator must deliver an evaluation if any party requests it. EVALUATOR Based upon what I've heard, I.
Predict that a judge or a jury will decide that the dry rot was the cause of the damage, not Mr. Espinoza'sworkers. But they'll find that Mr. Espinoza's workers should have detected it and warned Ms. Smith before they started painting. EVALUATOR So Ms. Smith the likelihood of your getting damages to replace the wall would be very low. And I think Mr. Espinoza's claim for money for painting the rest of the house isn't solid either. NARRATOR ON CAMERA Now the parties can ask the evaluator to help them make a list of the information they each need to exchange.
Custody Of Children During A Divorce
Hi, I'm Chris Hildebrand of Hildebrand Law. I'm a family law attorney in the state of Arizona. I've been practicing family law in Arizona for over 20 years. One of the common questions I hear from clients regarding the Arizona divorce process is, which of the two spouses has custody during the divorce process. If neither party has filed a request for temporary orders and the court has not already issued orders for custody or parenting time between the two parents, the law provides that each parent is equally entitled to the custody,.
Care and control of their children. That doesn't mean necessarily mean that each parent is entitled to equal parenting time. It just means that one spouse doesn't have superior rights to custody or parenting time with the child than the other parent. Of course, if there's a dispute between parents, the parties should either resolve that dispute amicably through a settlement, or they should present the issues to the court at a temporary orders hearing. Some more definitive custody orders and parenting time arrangements can be made. If you have any other questions regarding who has custody of children during an Arizona.
Child Custody and Support During an Arizona Divorce
Chris Hildebrand of Hildebrand Law. I'm an Arizona Divorce Lawyer. I've been practicing divorce and family law in the state of Arizona for over 20 years. One of the common questions I receive from clients or potential clients regarding the Arizona divorce process is, when does a court decide the important issues of child custody, child support or alimony , sometimes referred to as spousal maintenance. Either party in a divorce case may file what's called a motion for temporary orders requesting that the court issue temporary orders regarding custody and support prior to the entry of the final divorce decree. If either party.
Files a motion for temporary orders, the court will typically set a hearing on that motion for temporary orders within 30 to 60 days of the date that the request is made for those orders. If neither party requests temporary orders in the case, then those issues will be decided at the final trial of the case. The court will issue determinations regarding child custody, it will award child support, if alimony and spousal maintenance is appropriate, it will also award those amounts and can actually, retroactively apply the child support and.
John Caccavale, Ph.D., ABMP The Ethics Of Child Custody Evaluations As A Business
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