Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Dec 2019
    Posts
    1

    Default Advice on Which Hired Expert Testimony Will Help a Case

    My question involves a child custody case from the State of: Virginia

    I am a divorced father since 2011 with my children's mother having primary physical custody. In 2013, the children's mother moved from Fairfax County to Stafford County which has resulted in 1.5 hour commute times for pickup and drop-offs.

    Since 2011, I have re-married to a successful surgeon and moved to a neighborhood with a great school district. I make a strong income and work for a big global consulting firm.

    Until recently, I had my attorney file a motion for primary physical custody and the court hearing will be in Stafford County.

    How do I convince a Stafford judge that where I live has many advantages versus living in their county? Without bashing Stafford, but promote my household/neighborhood.

    My attorney suggested hiring independent education evaluator to provide evidence/findings that my school district is better? Is it worth it?

    Any other suggestions regarding experts to leverage?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,865

    Default Re: Advice on Which Hired Expert Testimony Will Help a Case

    The quality of the school will simply not be the primary basis for determining custody. The mother was granted primary custody and unless a court determines she should no longer be granted primary custody, it’s not likely you will prevail in your effort. There is much more to determining primary custody than what school district you live within.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,856

    Default Re: Advice on Which Hired Expert Testimony Will Help a Case

    Quote Quoting cmandc
    View Post
    My question involves a child custody case from the State of: Virginia

    I am a divorced father since 2011 with my children's mother having primary physical custody. In 2013, the children's mother moved from Fairfax County to Stafford County which has resulted in 1.5 hour commute times for pickup and drop-offs.

    Since 2011, I have re-married to a successful surgeon and moved to a neighborhood with a great school district. I make a strong income and work for a big global consulting firm.

    Until recently, I had my attorney file a motion for primary physical custody and the court hearing will be in Stafford County.

    How do I convince a Stafford judge that where I live has many advantages versus living in their county? Without bashing Stafford, but promote my household/neighborhood.

    My attorney suggested hiring independent education evaluator to provide evidence/findings that my school district is better? Is it worth it?

    Any other suggestions regarding experts to leverage?
    A change in primary custody of children is a major disruption to their lives. As a result of that, normally a judge will not consider that without the parent asking for the change demonstrating that there has been a major change in the children's lives that justifies a consideration of a change in primary custody.

    You have not indicated that there has been any major change in the lives of your children recently, therefore a judge should really not even consider a custody change based on you proving that your county has advantages that their mother's county does not have. That should be irrelevant.

    It may be that your attorney is recommending the educational evaluation in hopes of finding some reason that justifies a change of circumstance. You should really ask your attorney to give you a candid evaluation of your odds in prevailing.

  4. #4
    Join Date
    Mar 2013
    Posts
    17,382

    Default Re: Advice on Which Hired Expert Testimony Will Help a Case

    Quote Quoting cmandc
    View Post
    I had my attorney file a motion for primary physical custody and the court hearing will be in Stafford County.
    It's not going to happen unless your ex is a drug addict, blackout drunk, living in squalor and a bunch of other bad things.

    If your attorney is encouraging you, he's ripping you off for his fees and laughing all the way to the bank.

    You may even end up paying your ex's attorney fees and your children may resent you for putting their mother through this ordeal.

  5. #5
    Join Date
    Jul 2018
    Posts
    1,882

    Default Re: Advice on Which Hired Expert Testimony Will Help a Case

    Quote Quoting cmandc
    View Post
    How do I convince a Stafford judge that where I live has many advantages versus living in their county?
    The answer is as follows:

    Quote Quoting cmandc
    View Post
    I had my attorney file a motion for primary physical custody
    You have an attorney. The fact that you (apparently) "file[d] a motion for primary physical custody" without discussing how to persuade the court to grant the motion is beyond unfathomable but, if that is, in fact, true, then you need to have the discussion. Your attorney knows all of the facts of your case (including where you live now, which you didn't share with us) and (presumably) is familiar with the proclivities of the judges in Stafford County or the particular judge who will decide your motion.


    Quote Quoting cmandc
    View Post
    My attorney suggested hiring independent education evaluator to provide evidence/findings that my school district is better? Is it worth it?
    For starters, we cannot evaluate whether it's "worth it" without knowing the cost and at least something about your ability to pay. More importantly, what did your attorney say when you asked him/her this question? Do you suppose your attorney would have suggested this if he/she didn't think it was "worth it"? Why do you want anonymous strangers to second-guess advice from your attorney?


    All of the foregoing aside, I would expect that the mere fact that one or more schools in County X are "better than" your child's current school in County Y (whether subjectively or objectively), by itself, is not going to be sufficient to justify a change of custody. Is your child having problems in school?

    Quote Quoting adjusterjack
    View Post
    It's not going to happen unless your ex is a drug addict, blackout drunk, living in squalor and a bunch of other bad things.

    If your attorney is encouraging you, he's ripping you off for his fees and laughing all the way to the bank.

  6. #6
    Join Date
    Mar 2013
    Posts
    17,382

    Default Re: Advice on Which Hired Expert Testimony Will Help a Case

    Quote Quoting pg1067
    View Post

    Very amusing. I hope that OP will report his results and we'll see if I'm wrong. LOL.

  7. #7
    Join Date
    Jul 2018
    Posts
    1,882

    Default Re: Advice on Which Hired Expert Testimony Will Help a Case

    Quote Quoting adjusterjack
    View Post
    Very amusing. I hope that OP will report his results and we'll see if I'm wrong. LOL.
    Sure, but whether the OP wins or loses won't confirm the validity of what you wrote either way. As my prior response indicates, while I agree that the facts mentioned in the original post are likely insufficient to warrant a custody change, I think it is pretty obvious that the extreme things you mentioned are not the minimum threshold for one.

  8. #8
    Join Date
    Oct 2006
    Posts
    15,856

    Default Re: Advice on Which Hired Expert Testimony Will Help a Case

    Quote Quoting pg1067
    View Post
    Sure, but whether the OP wins or loses won't confirm the validity of what you wrote either way. As my prior response indicates, while I agree that the facts mentioned in the original post are likely insufficient to warrant a custody change, I think it is pretty obvious that the extreme things you mentioned are not the minimum threshold for one.
    The point that Zigner was making was that since dad has no change of circumstance in the children's lives, that his odds were slim to none. It was also irresponsible for dad's attorney to not to tell him that.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,865

    Default Re: Advice on Which Hired Expert Testimony Will Help a Case

    Quote Quoting llworking
    View Post
    The point that Zigner was making was that since dad has no change of circumstance in the children's lives, that his odds were slim to none. It was also irresponsible for dad's attorney to not to tell him that.
    Zigner?

  10. #10
    Join Date
    Jul 2018
    Posts
    1,882

    Default Re: Advice on Which Hired Expert Testimony Will Help a Case

    Quote Quoting llworking
    View Post
    The point that Zigner was making was that since dad has no change of circumstance in the children's lives, that his odds were slim to none. It was also irresponsible for dad's attorney to not to tell him that.
    Zigner? There's no response by anyone using that screen name in this thread and I'm not aware of anyone using that screen name posting at this site (although someone using that screen name does post at a different site).

    If, for whatever reason, you were purporting to interpret "adjusterjack's" response, he had I have been posting in relative harmony on boards like this one for more than 15 years. He's a big boy and can explain himself and doesn't get bent out of shape when I occasionally point out that his over-exaggeration has gone overboard (just as I don't get bothered when he corrects me about things in his area of expertise, which family law isn't).

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Looking for Help for Class Project - Need Expert Advice
    By BritaNelson in forum Defamation, Slander And Libel
    Replies: 3
    Last Post: 10-02-2019, 09:41 AM
  2. Non Expert Advice
    By iamman51 in forum Debate the Issues
    Replies: 39
    Last Post: 08-20-2015, 03:01 AM
  3. Post-Conviction Relief: Attacking a Conviction Based on Fraudulent Expert's Testimony
    By justin case in forum Criminal Procedure
    Replies: 4
    Last Post: 01-26-2012, 10:12 AM
  4. Expert Witnesses: Expert medical witness testimony and immunity from suit
    By caring1 in forum Legal Practice
    Replies: 2
    Last Post: 08-25-2006, 08:25 AM
  5. Trials: The cost of expert medical testimony
    By naomi1980 in forum Criminal Procedure
    Replies: 1
    Last Post: 07-24-2006, 11:35 AM
 
 
Sponsored Links

Legal Help, Information and Resources