Torrance, CA asked in Child Custody, Divorce, Domestic Violence and Family Law for California

Q: Expert Witness at Child Custody cases?

Wife took 3 years old child w Autism and mental retardation away. She was abusing my 75yo disabled mother for long time. I have over 30 videos from living room security camera. Police opened the elder abuse case. In most of videos, wife did abusive behaviors in font of the child. We have child custody case hearing 3-4 weeks later. In my case, Can a expert witness, PsyD be an expert witness even without interviewing wife and the kid directly, but just to testify "how A parent's abusive behaviors may affect A child with mental disabilities" ?? the Judge will discard the PsyD's wintess or take it into account for custody decision?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, a PsyD (Doctor of Psychology) can be an expert witness in a child custody case and testify about how a parent's abusive behavior may affect a child with mental disabilities. It is not always necessary for the expert witness to interview the parties directly, as they can base their testimony on other evidence and information available to them.

The judge will take the expert witness's testimony into consideration when making the custody decision, along with all other evidence presented in the case. The weight given to the expert witness's testimony will depend on various factors, such as the witness's qualifications, the reliability and relevance of their testimony, and the judge's assessment of their credibility.

It is important to note that the ultimate decision on child custody will be based on what is in the best interests of the child, and the judge will consider a range of factors in making this determination. It may be helpful to consult with an experienced family law attorney who can provide guidance and representation in the custody case.

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