Best interest standards are applied in many situations, such as plans for . B parent, the child`s move and child support, in addition to physical and legal custody of the child. Therefore, expert testimony can make a decisive difference in how the judge decides a particular issue. As you can see, experts can have minimal involvement in a case, or they can play an important role. The extent of an expert`s involvement in your case should be clearly addressed in the written agreement. They can also ask how many times they have testified in this area. Your resume will be attested and presented as evidence, and you will then ask the court to qualify your witness as an expert in the particular field. Testimony may be rejected if the expert`s testimony and recommendation violate the standards of this profession. For example, before a psychiatrist gives his or her opinion or recommendation regarding custody, that witness is required, according to the standards of his or her profession, to meet face-to-face with the children. Any recommendation based on conversations with people who do not know the parents or hearsay will be removed from the minutes. The court cannot assess and award expert fees for the preparation period. Therefore, for an expert witness to obtain payment for the time spent researching and developing an expert opinion before testimony or trial, a compensation agreement is crucial. You need an experienced family attorney in Orange County who is competent and resourceful enough to use the power of expert testimony where they can potentially change the course of your divorce in your favor.
If the child`s health condition is of concern, the testimony of a pediatrician may be required to resolve custody and maintenance disputes. Even in cases of child abuse, expert testimony from medical experts may be required. Specialists in a particular field of medicine may be consulted for expert testimony when it is necessary to determine the physical or mental health and well-being of the child. In certain situations, the court may order the appointment of an expert to advise him on the best interests of the child. In this situation, it is at the discretion of the court to apportion the fees between the parties in its sole discretion, generally based on the financial situation and solvency of each party. If the parties take it upon themselves to appoint an expert, the general rule is that each party bears its own expert fees. However, upon request, it is at the discretion of the court to require a party to contribute to the other parties` legal costs, including expert fees. The division of property is one of the main issues in many divorce cases in Orange County. When it comes to multiple or complex financial assets, it may be important to use expert testimony to determine the correct valuation of those assets.
For example, the valuation of a home and property, stock options, offshore assets, high-quality jewelry, and artwork may require the valuation of an appraiser. The law defines an „expert“ as a person who, by reason of his or her education, training or experience, has knowledge superior to that of an average person on a substantive issue related to an ongoing litigation and who is expected to give an opinion before a court as part of his or her experience. For mental health purposes, it would be either a social worker, a psychologist or a psychiatrist. A business valuation expert is similar to a forensic accountant in that he uses financial instruments to express his opinion, but he also has an additional degree of specialization that allows him to calculate the value of companies. These experts are used in cases where a spouse acquired a stake in a business during the marriage, which must be determined before it can be divided. In other situations, there may be a family business that is jointly owned by husband and wife and needs to be evaluated. The expert can review business records to determine the value of the business and how much it would cost one spouse to buy the other. However, expert witnesses are not required in all custody cases, and expert fees can be expensive. You should consult your lawyer on the cost-benefit analysis of hiring an evaluator based on the specific facts of your case. It is common for the agreement to also specify when payment is due. The terms of the Agreement may state that the Expert`s fees are due in advance or that the Service Fees will be charged if the Expert proceeds, or that payment is due in full after all Services have been provided. The terms of the agreement should govern all aspects of the expert`s remuneration.
In another situation, if your child has special needs, you may need to convince the court by hiring professional caregivers who can testify to the child`s specific needs or condition. Determining the best interests of the child sometimes requires expert testimony from psychologists or social workers with expertise in this area. You will ask questions that will highlight your expert`s areas of expertise and specializations in their field. The witness`s expertise can be proven by his answers to questions that relate to the following points: Through questioning, one party can obtain the identity, content and facts of the expert`s testimony from the other party for the discovery. .