Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Matrimonial StrategistKickerFeaturesSectionsNewsLJN Newsletters

Flawed Forensic Custody Reports

By Jeffrey P. Wittmann
March 28, 2013

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. Some reports are based on inadequate data, a long list of serious technical errors, ethically questionable behavior, and/or custody-related reasoning that is either profoundly illogical or in direct opposition to peer-reviewed, replicated research.

We must remember, however, that 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.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

'Insurable Interest' and the Scope of First-Party Coverage Image

This article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.