As an Expert Witness I am frequently contacted by attorneys and their clients about what roles I can play in their child custody cases.

It is important to clarify upfront that an Expert Witness can participate in only one role per case, so it must be determined early on whether how the case would benefit the most from an Expert.

expert witness for PA florida

Here is a list of the Top 5 Issues to Consider When Hiring Expert Witness for a Child Custody Case:

  1. When talking with an Expert Witness it is critical that you, the client, do not spend a lot of time discussing a lot of details of your case because the expert will no longer be consider unbiased and the expert’s participation would then be restricted to that of a consultant who will not be able to testify.
  1. An Expert Witness can review a previous evaluation and identify strengths and weaknesses in the report to determine if the body of the report supports the recommendations (frequently they don’t).

Having completed that, the expert frequently requests that the attorney ask for a copy of the evaluator’s.  Sometimes a simple subpoena is enough and sometimes a Court’s order is needed to produce the file.

Having the report and the file, the expert is now working from the same data sources as the previous evaluator, however, even though the expert has the entire file (test data, notes, etc.) the expert may only comment on the evaluation and the process used to produce the report, they cannot make any recommendations as to the timesharing or custody matter in the particular case.

The expert can then educate the court on significant issues that may have surfaced or failed to arise in the investigation. If, for example, there is evidence that Parental Alienation (PA) may have been a factor in a case.

  1. An Expert Witness can also give instructional testimony. In this role, the expert is retained to instruct the Court what Parental Alienation is, that it is child abuse, what evidence might suggest the presence of alienation, the detrimental effects it can have on children and how to reunify a reject parent and alienated child.

In most cases the expert will not have reviewed any documentation nor had any discussions with any of the litigants.  They will come to court just to discuss PA and answer questions. The questions they are asked are typically based on the facts in the case in question.

  1. As a trial consultant an Expert Witness can assist one side of a case in formulating questions for examination and cross examination of experts, witness selection and questioning, reviewing documents and formulating questions, authors of documents, etc. In this role the expert is a part of the attorney’s work product, not discoverable and do not testify.
  1. If an Expert Witness has not played any of the above roles, and has had little or no contact, they can conduct a timesharing evaluation (formerly referred to as a child custody evaluation) but should be ordered by the court to do so. There may be an advantage to having the expert appointed as a Guardian Ad Litem (GAL) assuming the expert would qualify for such an appointment.

Generally speaking, the above roles can be exercised throughout the United States, local laws permitting.

I hope this was helpful, let me know if you have additional questions about different roles an Expert Witness or Guardian Ad Litem can play in your next court case.