Using An Expert Witness In A Child Custody Case

An expert witness is used in a child custody case to help one side convince the judge that they (rather than their spouse) should be the one that gets custody of the child. If your lawyer is using an expert witness, this witness will either suggest that the child particularly needs your care and attention, or will demonstrate that the other parent getting custody would not be in your child's best interest. While expert witnesses often cost quite a bit, they can be well worth the investment if you get the outcome you want.

What Credentials Are Needed?

People often think that only a professional, such as a psychiatrist, psychologist or social worker, can serve as an expert witness in a case. However, anyone who has specialized knowledge about a particular issue pertaining to the case can be used as an expert witness. It's true that licensed professionals often make good expert witnesses because they have been specifically trained to give testimony. Still, a grandmother who has taken care of your child since his or her birth can serve as an expert witness when discussing the child's daily activities and personality. A teacher who has evaluated your child's academic progress can discuss whether you are meeting the child's educational needs.

Testimony of an Expert Witness

The testimony provided by your expert witness must be relevant to the case. As suggested above, the central tenet of any child custody case is always the issue of what's in the child's best interest. When considering this, there are many factors the court has to weigh. In addition to issues such as your child's need to be cared for and loved, the court will also consider expert witness testimony that addresses education, physical and mental health, and whether the child is in a stable environment. If the child is old enough for the court to take his or her desires into account, the court will also give some consideration to your child's preferences.

The Costs Involved

How much an expert witness is going to cost can vary significantly. It can range from nothing at all (in the case of the above grandmother's testimony) to hundreds of dollars an hour for a highly paid professional. Usually, your expert witness is going to have to be compensated not only for the testimony in court, but also for any time spent evaluating documents and interviewing the child, as well as for the costs they incurred getting to the courtroom. It is acceptable for the opposing party to inquire about the amount that the expert witness was paid. This allows them to suggest to the court that the expert is biased, which is their right. 

Contact a firm such as Harold Salant Strassfield & Spielberg for more information about how an expert witness can be an asset in a divorce or custody case.