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Old 08-16-2017, 06:31 PM
OrleansLawyer OrleansLawyer is offline
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My concern now is that i dont feel like i could win in a trial at this point as i have had much against me.
You are on your heels. Your ex will try to push for a trial to win and get what she wants; you will try to delay.

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Can certain aspects be put on hold till my daughter is a bit older? ie. custody and access
Delay can be strategic.

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will i be expected to follow through with a final order?
If you settle it will be with a final Order, otherwise the trial Judge will make a final Order.

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Can i revisit custody when daughter is 5 without prejudice?
That is a very long delay. It depends on the delay in your local courthouse, however if your ex is pushing for trial I would not count on being able to delay three years.

If there is a final order then a future change would need to be based on a material change in circumstances.

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Will the OCL report be outdated after a certain period of time?
An expert report effectively consists of findings/opinion generated from the facts at the time of the report. Time weakens the report because the facts at trial becoming distinguishable from the facts when the report was prepared.

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The OCL heavily favors Mom with vague recommendations of increases every 6 months.
The clinical investigator is a witness. Ask to interview the witness (or for them to respond to questions in writing). You need to know before trial what the OCL will say on the stand.

For example: "In light of [situation at trial], what are your specific recommendations for increasing my time with [child]?". Of course, you may want to discredit the OCL if you disagree with their opinion.

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They have said they will be submitting an offer and aren't willing to negotiate.
Parties do not have to negotiate (although it is a good idea to do it). Ultimately, there are only two endings to a case: a settlement or a decision. If your ex believes she will do better at a final hearing (or you will eventually cave and accept her offer), why would she compromise and accept less?
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