Q: Child custody question-Ca
A child custody evaluator was hired in Ca in 2022; she never submitted the report & has gone AWOL. Allegations of child abuse, sexual abuse & domestic abuse were made by my wife ; these were tossed out by the court. 24 or more supervised visitation reports exist saying I am a great father; I have an excellent job. My very well educated wife has never worked & refuses to get a job despite being 40. Can the courts decide child custody on the basis of those reports? Or do I need to hire a new custody evaluator & go thru the whole process again? My wife keeps making unfounded accusations, even when I could not have touched her as I was over 1000 miles away at work in a govt. facility with many witnesses. My children are being subjected to a mother who may have Munchausen by Proxy and is violent-she assaulted a relative of mine. A PD report exists. What can be done? I want these children safe ASAP.
A:
In California, child custody decisions are made based on the best interests of the child, considering factors such as the health, safety, and welfare of the child, and which parent is more likely to encourage frequent and continuing contact with the other parent. The court can indeed consider your supervised visitation reports as evidence of your ability to be a responsible and caring parent. However, if the court-appointed custody evaluator has not submitted their report and is unresponsive, this could complicate your case.
Given the serious allegations and the situation with the custody evaluator, it might be necessary to request the court to appoint a new evaluator to ensure that a thorough and professional evaluation is conducted. This step is essential, especially in light of the serious accusations and your concerns about your children's safety and well-being. The court needs comprehensive and current information to make an informed decision regarding custody and visitation.
Since your case involves allegations of abuse and concerns about your children's safety, it is crucial to document all interactions and incidents meticulously and continue to provide a stable and safe environment for your children. You should consider consulting with an attorney who can guide you through the process, represent your interests, and help protect your children's best interests. Additionally, you might want to report your concerns about your children's welfare to child protective services if you believe they are in immediate danger.
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