At the recent Annual Meeting of the Family Law Section of the New York State Bar Association, Justice Sondra Miller of the Appellate Division, Second Department, stated that the Matrimonial Commission, which she chairs, is now taking a close look at one of the more controversial topics in matrimonial litigation: the use of forensic experts.
Custody Cases and Forensic Experts
At the recent Annual Meeting of the Family Law Section of the New York State Bar Association, Justice Sondra Miller of the Appellate Division, Second Department, stated that the Matrimonial Commission, which she chairs, is now taking a close look at one of the more controversial topics in matrimonial litigation: the use of forensic experts. A survey on recent experiences with experts in matrimonial and family law proceedings revealed that the use of forensic experts in child custody cases is causing concern, not only in the judiciary, but in the mental health professions as well. In the past, many judges simply accepted with few, if any, questions the expert's opinion on what constitutes the best interests of a child. Now, with some prominent psychologists questioning whether their profession is equipped to address such an abstract and unscientific question as a child's best interests, judges are taking a more skeptical view.
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Bari Brandes CorbinThis premium content is locked for LawJournalNewsletters subscribers only
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