Custody Evaluation was tossed out by Judge today.

[thecaptain24]

Finally got a bone thrown to me. Final hearing was scheduled for this upcoming Wednesday. Judge looked over report and tossed it. New CFI was appointed. Atty has worked with this CFI, says shes thorough and unbias, which is good. All I've ever wanted. My parenting class coordinator knows her well too, says shes a good lady, very good at her job and is actually trust worthy. I feel like things are finally fair.

Going to court Monday to get the paperwork to file to bring the old CFI to court to get my money back, attempt to go after atty fees to fight off her bs report. Filing a formal complaint against her, judge who just threw out report will be the one to decide if she deserves to be reprimanded. Hopefully he agrees she doesn't deserve to make these kinds of decisions. She did that bad of a job.

I'm so relieved. My son might still have a fighting chance at a good life..

[Fatheroffour]

Good news.

Why did the judge throw out the report? Obvious bias? Obvious incompetence? Written like a 3rd grade report? Just didn't like it?

IOW, can you offer anything in the way other dads may have similarly unfavorable reports tossed?

[BartSimpson]

Going to court Monday to get the paperwork to file to bring the old CFI to court to get my money back, attempt to go after atty fees to fight off her bs report. Filing a formal complaint against her, judge who just threw out report will be the one to decide if she deserves to be reprimanded. Hopefully he agrees she doesn't deserve to make these kinds of decisions. She did that bad of a job.

A note from experience - this is a useless waste of energy.

When you wrestle with a pig, you get all muddy and the pig actually enjoys it. Move on, aim higher for your goals, this isn't going to make you feel any better, and it creates negative gossip about you in the legal circles. Better to be a ghost.

Nice that the report was thrown out - sucks that you had to pay for it - focus on what the next report says before you go all repremandy on the crappy CFI.

[thecaptain24]

Good news.

Why did the judge throw out the report? Obvious bias? Obvious incompetence? Written like a 3rd grade report? Just didn't like it?

IOW, can you offer anything in the way other dads may have similarly unfavorable reports tossed?

Failure to do her job was why. Basically, because she failed to investigate anything (the entire report was mother said this-father said that) it compromised my entire case. My entire case is based around my sons behavioral issues at school (ex: he attempted to stab his teacher with scissors) and the fact he did not have these issues in my sole care. The CFI never bothered to talk with the school, and because of this my reports from the school were now hear say evidence (my ex was claiming I had manufactured the reports myself.) So because of her carelessness and decision talking to them was not "important" I was walking into court Wednesday with nothing and it would severly prejudice my case.

Judge looked at a 7 page report (some CFI reports are dozens of pages) and agreed. She did no investigation.

I was lucky because this CFI just happened to investigate nothing. But some factors were important to have it tossed.

1. Inconsistency in reports. ex: she filed claiming in 2 months she never could reach either partying witnesses, and then in the report quotes "people" through my ex.

2. Bad writing. She calls my son in the report by the wrong name, identifies his birthday wrong,

3. Laziness: misquotes the facts in front of her and never went back to make sure it was accurate. (ex: she quotes a school report i gave her as evidence, stating my son has no incidences since May 2011 after the meeting at school with his mother and I, when infact the report was from 2009, and has many incidence AFTER the fact. Also, the school put in that report "Mother claims his behavior is from this" And instead the CFI reported "The school verifies mothers account of his behavior."

4.Time: If she spent only a few minutes in your home (my case 10 minutes) do yourself a FAVOR and contact your atty immediately with concerns. My luck was my parenting class coordinator could testify to this because my wife had called her concerned about the fact she was only in home 10 minutes on two occasions. My wife also texted my mother with a simple: CFI was here for 10 minutes, wonder if thats good or bad? Email your atty with your appointment time, and send an email immediately after they leave if you have to to verify time concerns if they aren't doing their job. It makes more witnesses and she has to defend her findings in 10 minutes. Also, tear it apart if the CFI does not document time spent with both parties in the report, like mine failed to do.

Money: In my state, CO law just passed CFI's are capped at 2G, 1k by each party to prevent them taking advantage of clients, and to prevent "unbias" reports (ha). Unless the judge agrees in the beginning there should be more money involved a CFI cannot ask for money. Mine did. She is legally required by to give up her report/documents for all finding. My CFI tried to get more money from me to produce documents through my atty. She is not allowed to do this.

All in all, and in my experience with this devil CFI, any concerns you have with the report being bias state repeatedly over and over to your atty, therapist or whomever, because the more concern you show for their incompetency during the process, the easier it will be to poke holes in later--and for them to be punished for it. No childs future should be determined by a lazy person. I was just lucky enough the entire report was a big hole with no basis.

[thecaptain24]

Going to court Monday to get the paperwork to file to bring the old CFI to court to get my money back, attempt to go after atty fees to fight off her bs report. Filing a formal complaint against her, judge who just threw out report will be the one to decide if she deserves to be reprimanded. Hopefully he agrees she doesn't deserve to make these kinds of decisions. She did that bad of a job.

A note from experience - this is a useless waste of energy.

When you wrestle with a pig, you get all muddy and the pig actually enjoys it. Move on, aim higher for your goals, this isn't going to make you feel any better, and it creates negative gossip about you in the legal circles. Better to be a ghost.

Nice that the report was thrown out - sucks that you had to pay for it - focus on what the next report says before you go all repremandy on the crappy CFI.

This particular CFI has only been licensed a year. And this isn't about the money. Its about her competence. If that is how she does her job, I will attempt--even if its pointless-- to help future children from being subjected to crappy work. Its just a matter of time because the complaints come rolling in about her anyways. I know a similar situation with another guy whose report was exactly the same, he said she said BS with no investigation. Chances are his will be tossed too. CO has a new law, that CFI's are accountable for what the write and can be sued for carelessness. At the end of the day its the judges decision. But I can't imagine her career going far if this is her personal style at reporting. Maybe that makes me an optimist and I should put my energy elsewhere.. However, I fully intend to go after her license.