modify court evaluator

[katelangan]

What is the name of your state (only U.S. law)? kate in Fl.
I have a 14 year old and was never married to her father. He was sporadic (6 months apart) visits with her and no child support until 2 years ago (again sporadic) until court garnished wages. I asked state for health insurance for her and they went after him for child support.

Documented abusive relationship, ended 12 years ago. He makes 80K a year and I am currently unemployed. His attorney is attacking my character on a daily basis. Her father has never been to her school, doctors, birthdays, etc. She calls him by his first name and is adamantly afraid of him. I took her to the court evaluator thinking he would help "coax" her to trust him somehow. He bullied her saying"if you don't talk to your father, I'll be forced to write a letter to the court saying your mother was uncooperative and it won't look good for her." He also said "if you're not going to participate with your father, don't bother coming back here." The following month he denied talking to her like that. Last visit she was so scared, she was crying and ran out of his office, violently vomitting outside.

I have never seen her like this and I need a psychologist who talks to a child with the child's best interest in mind.

She said he has never been there for her and gave the psychologist a list of complaints and mistrusts she has about him, he gave it back and said it was "silly and ridiculous" for himto know those things about her. He looked her in the eye and demanded she start talking immediately. Does she have any rights?

I have no money for an attorney. How do i find the forms to ask for a change in evaluators. This evaluator also works in the same school I work in. So a conflict of interest I hope?

 

[LdiJ]

Who else is present while the evaluator is speaking to your daughter like that? Are you there? Is dad there?

If all that is true then I am really appalled. Yes, I absolutely do think that you should try to get the evaluator changed.

 

[katelangan]

I was there the first time. Dad was tehre the second time and said it was "My fault for not making her talk to him." Dad also said psychologist was "just doing his job". I did email everyone involved and told them about her violent reactions. Does anyone know the legal form or procedure to file for a motion to change. I've ressearched this online for two days and have gotten nowhere. I live in FL.

 

[LdiJ]

I was there the first time. Dad was tehre the second time and said it was "My fault for not making her talk to him." Dad also said psychologist was "just doing his job". I did email everyone involved and told them about her violent reactions. Does anyone know the legal form or procedure to file for a motion to change. I've ressearched this online for two days and have gotten nowhere. I live in FL.

You may need to draw up your own form. You can use the other forms as template. You could simply name it "motion to replace evaluator".

I would definitely include the fact that they evaluator and you work at the same school and that you feel its a conflict...as well as your daughter's reactions to the evaluators tactics.

 

[gr8rn]

Do you have an attorney? I don't know the process, but an attorney would be a big help in this; I would not attempt it without one.

 

[katelangan]

Thank you. I've been making up my forms as best I can and the judge has been giving them back after making me come to a court hearing and saying it has to follow the legal rules and be exact. When I ask how to find the exact forms he holds up a book and says "You're a smart woman, I'm sure you'll figure it out."

HOwever, I just got a call from my ex's attorney to set up a date for contempt of court? The day before this last horrendous evalutor meeting, my daughter was in the ER getting stitches. She also has volunteer duties on that day the entire day for a food pantry that she has been doing for a year. Before the ER I asked for a different date from the evaluator. He said "have her there that date". When she got the stitches, I wrote back and said she was hurt and how. He made the meeting for the day following. (turns out he was leaving on vacation that weekend). I took my daughter to see this evalutor in April when ordered. My ex is just now getting around to it and I'm in contempt for not going with 2 days notice? What will happen to me? I'm petrified.

 

[katelangan]

I did have an attorney but am out of work, so my attorney released herself from me. I've been desperately looking for some legal aid for months and doing the best I can but am getting bulldozed and it's having a huge effect on my daughter.

 

[gr8rn]

When I had to have a lawyer, I was seriously financially strapped. I was paying spousal support AND I had custody and received nothing for child support.

I knew if I was going to turn things around I was going to keep putting money in the lawyers retainer fund. I sold several pieces of jewlery and sold things on ebay. I had 2 yard sales in the beginning of the summer and another one at the end of the summer.

I got loans from my Mom, cashed in a 401k, did everything I could because my child was the most important thing and I was fighting an evil swine.

If I could have fit in an extra job, I would have done that too. Sometimes, bills went unpaid so that I could keep my attorney's ledger in the black so he could go to court when needed.

you do whatever you need to in order to scrape enough for an attorney.

 

[Gracie3787]

You can research the laws at: Statutes & Constitution :View Statutes : flsenate.gov

You can research the civil rules at: FLORIDA RULES OF CIVIL PROCEDURE

You can research the family law rules at: Florida Family Law Rules

You can find forms and other info at: Florida State Courts


You can get a low cost consult by calling the Florida Bar Lawyer Referral Service at 1-800-342-8011.