By Jeff J. Horn – Divorce Attorney
Introduction
Divorce often involves many professionals: lawyers, psychologists, medical experts, arbitrators, accountants, economists, actuaries, occupational experts, private investigators, and real estate appraisers. These experts produce thorough reports with caveats to protect themselves from liability. Their reports are based on accepted principles applied to real-life circumstances, resulting in an educated guess.
Professional Involvement
Most cases do not require outside professionals for child custody or parenting time. Courts usually start with the idea that children will primarily reside with one parent and have alternating weekends with the other. If a parent seeks to exclude the other from parenting time, they must convince the court. Non-custodial parents seeking more time must explain why. Professionals, like therapeutic arbitrators or parenting coordinators, resolve disputes when parents cannot agree. They act as therapists or counselors for the children and make final decisions on parenting disputes.
Who the Professionals Are
If your lawyer does not get all your money, they know other professionals who can. Psychologists, medical experts, arbitrators, accountants, economists, actuaries, occupational experts, private investigators, and real estate appraisers may be involved. They perform tasks used in settlement or trial. The difference in their roles is significant.
The Role of Reports
Professionals who testify will produce thorough reports full of caveats. If their opinion is wrong, weak, challenged, or destroyed by cross-examination, the caveats protect them from liability. You pay for thoroughness and caveats. The effectiveness of the report hinges on the expert’s ability to support their opinion and persuade the judge. Additionally, it can convince you and your spouse that the opinion is fair and that the judge will rely on it, encouraging settlement.
Theory Vs. Reality
Expert reports are based on generally accepted principles. These principles are applied to your circumstances, resulting in a best guess.
Child Custody and Parenting Time Professionals
The Need for Outside Professionals
Most cases do not need an outside professional to give an opinion on parenting. Typically, one parent has primary custody, and the children spend alternating weekends with the other parent. The court starts with this arrangement in mind.
If you want to exclude the other parent from this schedule, you must convince the court. If you are the non-custodial parent and want more time, you must explain why. Proving unfitness is difficult without legal proof. For two fit parents, the range of options is limited. Use your expert to explore these options.
What Does a Custody Expert Do?
Custody experts can be appointed by the court or retained by one party. Honest and capable experts render opinions based on the information provided and their professional judgment. Expecting an expert to favor you regardless of the evaluation sets you up for disappointment. If your expert echoes your conclusion without support, the opposing side’s expert will likely contradict it. The opposing lawyer will find holes in your expert’s report.
The Custody Report Process
Creating a custody report is exhausting. You, your spouse, and your children will be interviewed, tested, and analyzed by the expert. Tests like the MMPI-2, personality assessments, drug and alcohol evaluations, and anger evaluations may be used. The expert will gather medical records and talk to anyone who treated you or a family member.
Other Parenting Experts
The Role of Therapeutic Arbitration
Therapeutic arbitration or parenting coordination is a growing subspecialty. A psychologist or counselor helps resolve parenting disputes. They decide on issues like activities, jobs, schools, and schedules when parents cannot agree. This professional acts as the children’s therapist or counselor and the final arbitrator of disputes.
Avoiding Legal Battles
Choosing a counselor avoids paying two lawyers to parent your children and having a judge, a stranger, tell you how to parent. Parenting coordinators are gaining acceptance by courts and family lawyers.
Conclusion
Divorce often involves many professionals who produce thorough reports. Understanding their roles and the report process can help you navigate your case. Using experts wisely and considering therapeutic arbitration can avoid legal battles and lead to better outcomes for your family.
POOR UNCLE – FORENSIC Accountant
Thanks to Horn Law Group, LLC interns Noah Hilsdorf and Dillon Uhrig.