Morales Law, P.C. was recently retained after numerous prior attorneys were unable to make progress in helping a client pursue visitation rights. The court previously appointed Dr. Tim Schenberg to provide a child custody evaluation in the case. The evaluation rendered an opinion adverse to our client.
Our office in conjunction with co-counsel deposed Dr. Schenberg to determine the veracity of his child custody evaluation. During the deposition, it was discovered that Dr. Schenberg did complete the requisite training/educational requirements to be deemed a child custody evaluator. Opposing counsel, who was unfamiliar with the relevant code sections regarding qualifications, disagreed.
Our office filed a motion to remove Dr. Schenberg for his failure to possess the requisite qualifications. The motion was heavily litigated against by opposing counsel.
After nearly two hours of oral argument, the court granted our request and Dr. Schenberg was removed as a child custody evaluator by the court.
Any case with child custody evaluators requires experienced family law attorneys in order to achieve the best results. It is extremely rare for child custody evaluators to be removed and we are pleased that the court followed the law and removed Dr. Schenberg and will not consider his child custody evaluation at trial.