Child Custody and Visitation Attorney in Maplewood, Minnesota

Can I challenge the findings of the evaluator?

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yes we find that coming up regularly um

and so we our firm does a lot of that

work my law partner susan locke was kind

of known for

impeaching custody evaluation testimony

so

where that comes up is at a trial and

you know the custody evaluator may be on

the stand testifying

about their their work

and

you know we need to show any gaps in

what the custody evaluator did

they may have

mistaken something they may have

over overemphasized something that

wasn’t as important

they may have not emphasized something

they may have you know just missed it a

bit

in in some custody evaluations

they didn’t do some of the things that

are

kind of expected

like a home visit you know i’ve had a

custom evaluation where the custom

evaluator did not do home visits they

were not allowed by their boss

at the county and so we were able to

cross-examine that evaluator and get

that custody evaluation you know thrown

out

sometimes you just can get a judge to

disagree with the custody evaluator by

showing

you know that that their approach to it

wasn’t consistent with

you know the law most custody evaluators

are not lawyers they’re mental health

professionals and they know child

development but the judges are lawyers

and have that training and they and they

think along the lines of what the law

says and so there are all kinds of

opportunities

you don’t want to have to challenge a

custody evaluator because it can be an

uphill battle but there are definitely

opportunities to do that

St. Paul, MN family law attorney Thomas Tuft talks about challenging the findings of the evaluator.

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