In December of year prior, I was involved in a legal battle with my children’s paternal grandparents involving custody of my two minor daughters, ages 2 and 3. Allegations incorporated in their motion included accusations of me threatening suicide and threatening to kill my children. (These were made by their father, my abusive ex-husband, in an attempt to elude child support obligations). The judge bought it, hook line and sinker. She ordered that I undergo a complete psych eval as well as my partner and then I could petition for unsupervised visits with my children. My attorney at the time said that if I got the psych eval done, and everything came back fine, I could actually just go ahead and put in a motion to modify custody and get custody of my girls back, as there are no other allegations, no drug or alcohol dependancy or use, no allegations of abuse of any sort. The psych eval was finally completed, and the forensic psychiatrist saw no problems whatosever, said that I presented no danger to my children, and that I seemed to be a more than fit parent, careful to attend to my childrens’ needs, and was very loving. He said the same of my partner. His reccommendation was for “liberal unsupervised visitation to begin as soon as possible”. My question is, how do I draft a motion to modify to get my children back? Isn’t reunification supposed to be a priority for the court? (Best interests of the children, children do better with their parents, there exists no evidence that I am anything but a great parent, etc.) Any tips or advice on how to go about doing this?
I cannot give you specific or personalized advice on this forum. I can say that your motion to modify should be based on your completion of the psych eval and the results.