Matrimonial attorneys who engage in trial practice know that sinking feeling when: 1) a forensic custody report arrives and offers opinions that work to the benefit of the parent being represented; yet 2) it becomes apparent that the process and/or reasoning used by the evaluator were flawed in meaningful ways, rendering the favorable opinion vulnerable.
Mining the Gold in Flawed Forensic Custody Reports
While on occasion a report arrives that is so flawed as to be unsalvageable (suggesting that the report or the evaluator should not come within a mile of the courtroom door), there are certain trial strategies that can assist in preserving the aspects of a report that are both empirically supportable, consistent with the interests of one's client, and consistent with a trial process focused on discerning bests interests.
By
Jeffrey P. WittmannThis premium content is locked for LawJournalNewsletters subscribers only
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