From: beaver@castor.cs.psu.edu (Don Beaver)
Subject: Re: And They Try to Call This "Justice"
Keywords: custody evaluations
Date: Mon, 21 Dec 1992 15:53:41 GMT

In article <1992Dec17.151438.14060@cbnewsk.cb.att.com> noraa@cbnewsk.cb.att.com (aaron.l.hoffmeyer) writes:
>[Posted for George in Pittsburgh....]

[Catch-22: no hearing until psych evaluation; no psych evaluation
unless both parties volunteer and pay; but no cooperation by CP as 
long as a suit is 'threatened.']


>	I did see the children 5 1/2 hours in the last 637 days but it
>	will be a year since that last visit 12/24/91. A supervised
>	visit.

Horrible, horrible.  The only positive thing to glean:  a judge
is allowed to take into account which parent is more likely to provide
contact with the other parent.

>	The children have seen more than 40 therapists in that time.
>	They have seen more of the therapists in the last two years
>	than they have seen me in the 8 years that have passed since my
>	ex and I parted 12/28/84. The children have had more than 24
>	diffrent addresses in that time and the court wants me to
>	believe they have a stable home life. When trying to find them
>	it is usually MOVED LEFT NO FORWARDING ADDRESS...

Do you have or can you afford a lawyer?

>	They have an address now because my ex asked that I be made to
>	pay all uncovered medical expenses... Anyone out there have
>	$200,000.00 in change laying around they don't need?

At least in Pennsylvania, you won't have to pay for her lawyer, too.
*Directly*, that is.  (Yes, it is in the best interests of the
children to pay her enough child support to protect her choice to
pay her lawyers and avoid her letting the kids starve.)


>	I got through to the home evaluator, she works in the Juvenile
>	Probation Office in Pittsburgh, PA. The psych's secretary
>	said," Until we see your money the doctor will not answer any
>	of your questions. MONEY FIRST!!!"

This isn't unusual, and it's surprisingly for your own protection,
ie. to keep the other side from questioning a favorable evaluation on 
the grounds that the report *had* to be good, or you wouldn't have paid.

>	 I can see this will be a wild trip already. I was told Even if
>	 I pay the fees, the evaluation will not be done if the ex does
>	 not send in her pre-evaluation forms. I do not look forward to
>	 the delay. This same Judge has stalled cases even longer than
>	 my own. I had to refile for custody.

This is unconscionable.

You need a good lawyer who knows how to make trouble for the system
and push your case through.  (Yeah, sorry for such obvious advice.  
I know of good lawyers in Harrisburg but not Pittsburgh.  But the
quality of your lawyer makes a *vast* difference.)

Above all, don't use any exclamation points with the judge.  A good
laywer (or self-represented plaintiff) is forceful yet subtle.  Judges 
have a lot to do, and they don't like mud or making consequential 
decisions for childish people -- you have to make their lives easy 
and give them no reason to dismiss your concerns.

If you've waited this long, then maybe you'd have the patience
to attack this on constitutional grounds -- due process, perhaps?
(Namely, the catch-22 that prevents the hearing.)  Ask on misc.legal.

Don

"Speak softly and carry a good lawyer."

-- 
beaver@cs.psu.edu                       Opinions from the PC-challenged
Newsgroups: alt.dads-rights,alt.child-support