Custody evaluation questionable therapist input

[Peylite]

What is the name of your state?pa

I’ve been the primary care taker Since birth and had primary custody the previous two years.

please ask questions if I need to clearify.

Events that concern me. These events all happened over a 3 week span.

The therapist charged my credit card nearly $250 without my authorization (over a 3 month span). I called their office and was denied refunds or credits on my account for future appointments. I ended up having to get a hold of my bank and dispute those transactions. (All were credited to me)

The updates I got regarding my childs sessions were everything is great, your child didn’t say much, and they spoke about her uncle. (These I received at the conclusion of my child sessions)

When I asked if I can get updates regarding the other sessions via email I was denied and told it was practice policy not to email topics discussed during sessions. I was told I could come into the practice and have them printed up with a charge associated to it. I showed up on three separate occasions requesting the records and I was denied all three times. Shortly after this happened, my spouse accidentally forwarded me an email between the therapist and my spouse with detailed notes of my child’s sessions. When I question the therapist about these emails it was met with silence.

I was denied the ability to schedule appointments for my child after this incidence. Which led to me questioning the therapist more.

I contacted my insurance company requesting session notes. My insurance company had nothing on file and reached out to the therapist. After reaching out to the therapist they contacted me stating that there was nothing on file and they were going to look into it further.

A few days after my insurance company contacted the practice My spouse and spouses lawyer set up a meeting with the evaluator again leaving me out of the loop. My spouse’s lawyer requested I approve this meeting which I did. While they spoke the therapist bashed me hard. 2-3 days after this meeting the therapist gave their 2 weeks notice and left the practice.

I contacted my child psychiatrist shortly after the therapist left practice and they confirmed that the therapist never spoke to them Prior to leaving the practice. I was extremely alarmed that the therapist felt the need to communicate with evaluator and not the psychiatrist.


I was told it is state law that all sessions must be documented. I Was given pa code 41.57 B(4) to read by a friend. (Is these law the correct one)
I feel this Meeting happened due to me questioning the therapist on these issues. After reading the evaluation this conversation heavily influenced the report causing me to lose custody and getting one weekend a month suggested visitation. (More on this later hopefully)
My questions:
Is there a sense of Bias Or alternative motives, if so what could be done?
Would these actions allow for the therapist statements to be question, tossed out or over looked by a judge?
IF this law is correct should I look into having the practice investigated? If so would it affect my situation positive or negatively?


After this I have a few questions Regarding the evaluation.

Thank you for helping.

 

[HRZ]

There might have been some legal issues as to confidentiality as it appears you were the paying client but the time to attack the credibility of the therapist or the reports was at trial and seemingly you failed to do so....I think you are debating a contest after the contest is over .

 

[Peylite]

Thank you for the reply.

We have not gone to trial.

 

[HRZ]

IF the point is to get all the therapists work tossed as hearsay or the credibility iin the toilet I strongly suggest you retain a lawyer well before trial ...

Your spouses lawyer is NOT n the equation to protect your interests. And issues of how privledge and confidential information in hands of various persons regarding children is handled requires far more technical input .and knowledge of the PA issues/codes . And you are probably unwise to sign anything prepared by spouses counsel without input from your counsel.

Many a licensed person gets it wrong ...but I'm more familiar with how school psychologists in PA get it wrong in IEP debates ...and that is NOT your fact pattern .

 

[not2cleverRed]

You refer to your spouse. Are you in the process of a divorce?

If you are, it is apparent that you need to beg, borrow, somehow get the money for a lawyer.

If you are truly so unfit as a parent in the eyes of the therapist, CPS should have been contacted.

 

[Peylite]

Let me clearify.. the therapist contacted my spouse and spouses lawyer to speak to the evaluator. The evaluators Office contacted me requesting a meeting between the evaluator and therapist. I agreed to it.

My child had an IEP. If more info is needed please let me know.

Yes we are in the middle of a divorce. I have a meeting this week with a lawyer.

What it the likelihood of having the therapist views tossed out? What would I need to focus on? what was said about me was based on my questioning her practices and not me as a parent.

If I have my insurance company investigate the practice would that help?


Before I ask questions about the evolution I want to stress this is considered one of the better evolutors in my area.

After this Conversation between the therapist and evolutor happened I received the evaluation a few days later. When reading the evaluation I noticed much of what was brought up was not included.

-during the evolution my spouse would email me saying they can’t control their anger and the way they deal with it is by lashing out at me.

-4/5 times over the year my children would return with black eyes, lacerations on there neck, “road rash” 7-10” on their legs. I submitted these photos, emails of spouse anger, as well as emails that took place the days leading up to the abuse.

NONE OF THIS WAS IN THE REPORT. I CANT STRESS THIS ENOUGH.. NONE OF THIS WAS IN THE REPORT.

a few other concerns no mention of my mother (lived with us for 1-2 years and the only family member that had an active daily role in our lives) questioniare was never mentioned in the report as well as my fathers questionnaire.

This is small but I feel shows the evolutor put little effort or already had their mind made up. During the home visit the evolutor noted I did not have furniture in my house. My house is fully furnished minus my children’s playroom.

I have more concerns but the abuse and not including my parents reports seem to be the biggest concerns. The furniture being the smallest.

 

[HRZ]

I think 100% of all this needs to be addressed by a paid lawyer representing your views and what you believe is best for your child ....you may have dug some pretty muddy holes by unassisted cooperation with the enemy's gladiator . STOP IT

What you think is important in what forum is far better left to your lawyer !

 

[Peylite]

Thank you

 

[not2cleverRed]

The fact that you have been reduced to a very limited amount of parenting time - 1 weekend a month - would seem to indicate that some serious allegations have been made about your fitness as a parent, especially if you were previously the child's primary caretaker.

I think that before you sling mud at Dad, no matter how justified, the first thing you must do is address the evaluator's recommendations regarding you.

 

[stealth2]

I think that before you sling mud at Dad

Why do you assume this is Mom posting? I thought they were quite careful not to disclose which parent they are, but perhaps I missed it...

 

[not2cleverRed]

Why do you assume this is Mom posting? I thought they were quite careful not to disclose which parent they are, but perhaps I missed it...

Somehow or other I remember a pronoun slipping in ("his lawyer") - perhaps before an edit.

Either way, OP allegedly was primary caregiver from birth, and primary custody for the past 2 years. For the status quo to be changed, and OP's parenting time reduced to 1 weekend a month, there had to be some serious allegations about OP's fitness as a parent.

OP's goal is to regain parenting time. OP has raised concerns about the other parent, and has alleged abuse/neglect resulting in injuries to the child. 1) We don't know how well this was documented - dr, police report. Personal photos, even if time stamped, are not proof that the other parent allowed the child to come to harm - or even that the child was harmed. emails are not necessarily admissible. OP may not have any proof that would be admissible as such in court.
2) Allegations of what the other parent is doing wrong doesn't prove that OP is fit, or even that OP is less unfit. It could just show that both parents suck and the kid would be better off in foster care.
3) OP should focus on getting parenting time reinstated. OP desperately needs local professional (legal) help, because it is very clear that OP is clueless about the process.

 

[Peylite]

I would like to clarify the term “court” when I was awarded custody it was through the court system mediator. I do apologize if this changes the circumstances greatly.



Not2cleverred. I’m sorry you feel the need to bash me through another’s post questioning a statement you made. I’m looking for for help so I will gladly answer your questions and hope you can assist me. What you stated in your post I will do if custody changes hands. I do thank you for that.

Up until recently I have not had a lawyer. My previous lawyer relocated to philly. I received this report late last week. I’ve called around and was able to meet with one late this week. Until that time I felt I could come here and get some adivce as this was a shock to me.

In my first post I mentioned I had a few questions about The evaluation as well. Much of what your asking I thought fell into that..

What was most eye-catching was that the evaluator took what my child’s therapist said and put a heavy weight on it.

Photos were sent to me by spouse, photos I took, and photos posted on spouses FB page. Photos were sent to my lawyer ASAP. (Old lawyer). On Everyone one of these occasions an event happened a day or two prior to the abuse. Our children would come back with bruises on their legs all the time I took that as normal accidents. For those times I would agree with you about spouse not allowing our children to get hurt I am only questioning black eyes lacerations and other clear signs of abuse.

Spouse would take our children out of state regularly without informing me of what was happening. When spouse would inform me spouse would say they are going to A only to go to B. Spouse would limit FaceTime calls to a few minutes every other day when we were sharing custody nearly 5050 over the summer. These concerns were brought up to my lawyer and he said nothing would really happen if we went to court. He told me it would be a waste of money.

Because of the events like this as well as other issues that happened prior (over a two year span) to the evaluation the evolutor noted anxiety. In the following paragraph The evaluator noted the anxiety was caused by spouse.

The evaluator noted this at the end of the report.

This recommendation is contingent upon spouses willingness and ability to communicate with OP in a more respectful and appropriate manner. Furthermore it is important for spouse to shOw that spouse is able to facilitate and encourage the children’s relationship with OP. If spouse is unable to do so this recommendation may not be appropriate.

This Statement confuses me. Regardless of how bad I came across in the evaluation for the evaluator to make a statement like this is confusing.

The way this reads to me is that if spouse is nice to me spouse can have custody. If spouse is mean to me this report is voided. If spouse is the cause of the anxiety if spouse was kind to me there wouldnt anxiety not be an issue?

We lost a child 10 years ago after my child past I started seeing a psychiatrist. My spouse chose not to. I have pulled the last five years of my psychiatry notes and no time is there any mention of signs of Anxiety at that time and considered what I was going through as normal emotions. Of course I am paraphrasing. I signed a release for the evaluator to get my medical records but they never did.

Obviously there is a professional difference of opinion this was a question I was waiting to ask after addressing my child’s therapist. Does this matter.


I hope I hit the questions it is tough to scroll up and down on an phone.

 

[not2cleverRed]

"Bashing you"?

I have no idea what's in the evaluation, and the reasoning behind the recommendation that you go from custodial parent to very limited visitation, almost to the point of being supervised. I do know that when a radical change in the status quo is recommended against the wishes of one of the parents, that it is either because that parent's parenting has been called into question OR that parent didn't show up for something and the other party got what they wanted by default.

You are missing the forest for the trees. For example, the evaluator recommends that parents play nice. There is nothing binding in that recommendation the way it reads. If the spouse is "mean" that does not necessarily "void" the report. The evaluator merely observed that the evaluator's recommendations may not be appropriate if your spouse is unable to facilitate and encourage a relationship with you. Not "is not" but "may not". Sometimes it is not possible to facilitate a healthy relationship with the other parent - like if they move 1,000 miles away and leave no contact info, or if they are heavily into drugs. I am not inferring that you would do such things, just that there is a rational behind such clauses. Furthermore, you cannot use that clause in your favor unless and until your spouse has actually done something (or not done something) after the recommendations have been acted upon.

The forest, that you are clearly missing, is what is the reasoning behind reducing your parenting time from full custody to 1 weekend a month?

 

[stealth2]

I, personally, find OP's situation quite difficult to follow. Mostly due to writing style.