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Please choose a different delivery location or purchase from another seller.Please choose a different delivery location or purchase from another seller.Please try again. Please try your request again later. Then you can start reading Kindle books on your smartphone, tablet, or computer - no Kindle device required. Register a free business account Full content visible, double tap to read brief content. Videos Help others learn more about this product by uploading a video. Upload video To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average. Instead, our system considers things like how recent a review is and if the reviewer bought the item on Amazon. It also analyzes reviews to verify trustworthiness. The 13-digit and 10-digit formats both work. Please try again.Please try again.Please try again. Used: Very GoodThen you can start reading Kindle books on your smartphone, tablet, or computer - no Kindle device required. Register a free business account Full content visible, double tap to read brief content. Groups Discussions Quotes Ask the Author To see what your friends thought of this book,This book is not yet featured on Listopia.There are no discussion topics on this book yet. Search Consultations Injury Defense Property Malpractice Liability Fees Directory The area of family law is quite broad, encompassing topics ranging from divorce, child custody and support, child abuse and abduction, division of property, domestic abuse, as well as many others. Consequently, the oft highly charged legal disputes, which can arise when there are acrimonious parties, call for an experienced and knowledgeable family law expert witness. Also, given the subject matter of the cases, a family law expert witness frequently discuss the mental and psychological aspects of individuals.
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Understanding the different cases in family law, in addition to what type of family law expert witness is brought in, is critical to understanding what issues will be litigated in the future. Most family law disputes however, or at least those that tend to be litigated, happen after the marriage, and long after the honeymoon phase is over. Although it requires consent of two parties, it creates an immutable relationship between the parties. While a marriage may sometimes be referred to as a civil contract, the rights, duties, and obligations established are those of law, not of contract. The legally binding bond of marriage therefore, raises countless issues when the parties to a marriage decide to separate or divorce, especially if children are involved. State statutes for instance, which differ in language but are usually similar in effect, provide that spouses are liable to each other and children under the age of eighteen, and in some cases children who are older than eighteen. Marital property is generally considered to be all property acquired by a couple during their marriage or earned by either spouse during their marriage. In most instances, gifts, inheritances, money earned, or property acquired prior to the marriage is the separate property of that spouse. This is true unless it is converted into marital property during the marriage. This may occur through transfer of title, vested interest in property, or improvement through marital funds. Across states, there are two general categories that define marital property; community property and non-community property. Community property is a form of ownership under which each spouse owns a present, equal, undivided interest in each asset. Alaska is a separate property state that permits couples to opt into a community property arrangement during the marriage. None of those community property states have identical statutes on the matter.
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However, essentially all property or income acquired by individuals of a marriage is considered equally owned by both parties for purposes of dividing the property. If a state is not a community property state, there are various rules and schemes that states apply in order to determine what is or isn’t marital property. For instance, various legal options allow a couple to choose when they decide to acquire property together via joint tenancy, tenancy by the entirety, or tenancy-in-common. The act protects couples that move from a community property state from drastic changes in the character and division of their property upon the death of a spouse. Those states include: Connecticut, New York, Oregon, Michigan, Colorado, North Carolina, Virginia, Montana, Arkansas, Florida, and Utah. In many cases, accountants or other financial experts are used to assess financial assets of the parties to insure proper and equitable distribution. As mentioned previously, spouses are bound to support each other and their children and this obligation does not end when the marriage does. Assessment of property and financial assets comes into play, as well, in order to determine amount of support. For enforcement issues regarding spousal and child support awards, every jurisdiction in the country has adopted the Uniform Interstate Family Support Act. The act is implemented to determine jurisdiction when there is more than one state involved in modifying or enforcing a support order. The act stipulates that if the place where the order was originally entered holds continuing, exclusive jurisdiction, then only the law of that state can be applied to requests to modify the order of child support. Custody determinations play a large factor in support awards as well as physical visitation awards to either party. Because of the importance of the laws regarding child custody, all fifty states and the District of Columbia have adopted the Uniform Child Custody Act.
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There was a time when the standard was to award the father sole custody automatically upon divorce. This changed, however, in the twentieth century when courts began to adopt the tender year’s presumption, which awarded custody to the mother. Joint custody does not translate to equal custody. Rather it dictates that custody co-exists between parents in the best interests of the child(ren). There are only six states that do not recognize the joint custody arrangement in child custody matters. This directs the court to look to many factors including, but not limited to, the stability of the home environment, fitness of the parents or caregivers at issue, wishes of the child or children in light of their age, physical and emotional needs, and harm or risk of harm suffered or likelihood to be suffered. However, judges will rarely completely ignore children’s wishes in considering custody matters, and in the majority of states that refuse to take into account the child’s wishes, the statute does stipulate that the decision regarding placement of the child must be based on what is in the best interests of the child. Previously, only a few states recognized a grandparent’s desire to visit his or her grandchildren as a right. Currently, all jurisdictions, with the exception of the District of Columbia, recognize visitation rights of grandparents. They may be better fit to understand the best needs of the child or children at issue. Courts apply the best interest standard in relocation disputes as well, which does not ordinarily delve into questions of abuse or violence, but motives for relocating, fitness of home environment, and the factors discussed above are still under consideration of the court. While most divorce proceedings are somewhat amicable, there are occasions where acrimonious parties are involved in a dispute. In many of those instances, accusations of abuse and violence are exchanged by the parties.
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Victims of child abuse are in many cases unable to confront or report the perpetrator to authorities. Therefore, the laws surrounding abusive activity contain a protection not often seen in other criminal statutes and in many states. This is sometimes seen as controversial considering the notion that many relationships are private and should be protected by privilege. Many laws for instance, in order to foster communication between patient and doctor or client and attorney, protect the content of communication between them by prohibiting disclosure of privileged conversations. Almost every state, however, requires doctors, teachers, day care providers, and law enforcement officers to report child abuse, though there is less uniformity with regard to lawyers, clergy, therapists, or counselors. Many state statutes differ on the definition of what is considered child abuse, and some states including certain sexual abuses. Other states have added pre-natal child abuse to their statutes. 4 Following a divorce, when there are children involved, relocation and custody issues are common. Generally, parties in custody disputes rely on psychologists, psychiatrists, and clinical social workers. Medical expert witnesses are sometimes called on as well in cases of abuse or violence, in order to explain to the court the nature and cause of injuries inflicted. Expert testimony is commonly given by social workers, psychologists, or other experts to aid the court in making that determination. When using expert testimony, attorneys may come up against issues regarding the rules of evidence, which differ across states. This stipulates that an expert witness, once qualified by knowledge, skill, experience, training, or education, may testify as to their opinion if the testimony is based on sufficient facts and the testimony is the product of reliable principles and methods.
5 Additionally, those principles and methods must be reliably applied by the expert witness to the particular facts of the case. 6 Forty-two states pattern their own rules of evidence according to FRE 702. They therefore follow the general definitions and limitations for experts used in the federal courts and under that rule. Only nine states, however, have explicitly and fully adopted the holdings of the U.S. Supreme Court in its consideration of FRE 702 requirements. When dealing with scientific evidence or opinion, the courts have established factors to consider in determining the admissibility of scientific testimony or evidence. The Frye standard was the dominant test throughout the country until the holding of Daubert was handed down 70 years later. 9 Currently, only ten states continue to adhere to the Frye standard including California, Illinois, Kansas, Maryland, Minnesota, New Jersey, New York, Pennsylvania, and Washington. Florida discontinued its adherence to Frye as of July 1, 2013. The majority of states have adopted the more flexible Daubert standard. Although several states refuse to explicitly adopt either Frye or Daubert and choose instead to apply similar standards that acknowledge Daubert. Courts however, even after Daubert, have continued to admit expert testimony in family law cases. Getting the evidence admitted, however, may take additional steps. Based on recent case law throughout several jurisdictions, it seems that lawyers seeking to admit such testimony should elicit from their witnesses, in addition to the expert’s credentials, the general principles of their field of expertise. This includes the methods they used in the case at issue, the relationship of these methods to the general principles of their field, and the general acceptance of these methods by other professionals in the expert’s field.
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Additionally, there must be evidence that requires the analysis of an expert and the expert’s knowledge must be in a particular area of knowledge or expertise beyond that of a layperson. 10 Determining who is, or is not, an expert is where most issues arise. In determining an expert’s designation, courts often look to an expert’s certifications, education, length of practice, and past experience as an expert witness. These factors are drawn from FRE 702, which stipulates that expert witnesses must be qualified as an expert by knowledge, skill, experience, training, or education. In light of the factors considered by courts in determining the best interest of the child in custody and relocation disputes, social work expert witnesses and counseling expert witnesses seemed to gain favor in family law cases. Pediatricians have also been qualified as witnesses. In People v Houston, for instance, a pediatrician’s testimony was admissible to establish the possibility of rape without physical injury. 14 Often, psychologists will be expected to evaluate the parties’ relationships with the child, or children, and each other. In such cases, the psychologist would then make a recommendation to the court, using his or her findings, as to which party should retain or gain custody of the children based on the consideration of the child’s best interests. This process can be very time consuming and expensive. They assess the mental health and parenting capabilities of the parties in order to determine whether a person is fit to be custodian to the child or children at issue. Fitness evaluations generally require less time and money than do custodial evolutions. In some cases, a psychologist may also be called to confront or dispute the testimony of an opposing expert. Experience is also taken into account, as competence in performing psychological assessments of children, adults, and families is essentially required.
One item to note, however, is that a psychologist should avoid conducting a custody evaluation in a case where the psychologist also served as therapist for the child or other parties involved in the dispute. The expert testimony given by a psychiatry expert witness is similar to that of a psychology expert witness. One area that tends to serve as a distinction is assessment of a parent’s health because child custody battles may include questions about a parent’s chemical dependency, sexual proclivities, or psychiatric illness. A psychiatrist should be familiar with the particular family’s dynamic, as custody evaluations turn on a child’s future demands, needs, and best interests. A psychiatrist should also have a firm understanding of the particular household and be knowledgeable of the children’s needs on a personal level. In order to serve as a reliable and relevant psychiatry expert witness, a psychiatrist must have an undergraduate degree and a subsequent medical degree before completing an additional four years of residency in the mental health field. Psychiatrists serving as expert witnesses should specialize or spend additional training specializing in areas of child and adolescent psychiatry. Frequently, social work expert witnesses will testify in custody and visitation evaluations, termination for parental rights, sexual abuse of a child, and domestic violence. There are two main types of social workers: direct-service social workers, who help people, solve and cope with problems in their everyday lives, and clinical social workers. The latter diagnose and treat mental, behavioral, and emotional issues. A bachelor’s degree is required for most direct-service social work positions; some positions and settings require a master’s degree. Clinical social workers must have a master’s degree in mental health studies. As with all expert witnesses in the field, a reputation for ethical practice is of utmost importance.
In People v Houston, for instance, a pediatrician’s testimony was admissible to establish the possibility of rape without physical injury. 15 The same overlap that occurs with expert testimony in psychiatry, psychology, or social work also occurs with pediatrics. Physicians who appear as medical expert witnesses in custody disputes should have knowledge in child-specific areas, such as pediatrics. Additionally, they should have spent their residency dealing specifically with pediatric care. Unlike the other experts that are usually relied on for custody and fitness evaluations, physicians are called on to assess physical well-being, or lack thereof, of the child in past or current state, not future mental harm or effects that may or not may not result from physical harm. Additionally, some courts have utilized emergency medicine expert witnesses, general surgery expert witnesses, and neurology expert witnesses. These witnesses can identify specific aspects of possible child abuse or other elements related to a minor’s well-being. Determining the correct and proper value of assets and properties of the spouses is common in order to ensure a fair and equitable division of assets. A common example in litigation would be an accountant with specific knowledge of the formulas utilized to calculate the present value of various retirement interests. Many valuation questions arise in divorce cases involving pension plans, partnerships, other closely held businesses or corporations, and jewelry and other collectible items acquired during a marriage. For instance, accountants, surveyors, real estate brokers, loan evaluators, consultants, or employees of banks or financial institutions may be considered experts who can assist the jury in understanding complex financial terms. Financial expert witnesses may break matters into simple language for easy understanding by the jury.
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When divorce proceedings involve complex property issues, the role of an expert witness can be critical in helping to determine the value of the parties’ assets. Certified public accountants generally serve as viable expert witnesses in divorce proceedings. One may also become a divorce financial planner. A financial planner must complete course work and examinations, as well as maintain ongoing continuing education. Many financial planners are certified as such by the Institute for Divorce Financial Analysts or have extensive, hands-on experience. To become a CPA, one must take thirty credit hours, usually in accounting, but these requirements vary by jurisdictional requirements. Questions? Call us at (888)-858-9511 Questions? Call us at (888)-858-9511. Not a member? Join the Section of Family Law now to receive your Section member discount. (Remember to log in with your ABA Member ID so you get the discounted price.) Complete a book proposal ! Veteran family lawyer Gregg Herman discusses the key concepts of divorce settlement negotiation, explaining the fundamental concepts and theories, the specialized aspects of divorce negotiation, and current and evolving topics in negotiation. Pauline Tesler explains how this approach engages the unique problem-solving skills of lawyers to achieve settlements that customize outcomes in the way that few courts are able to achieve. Clients are asking about mediation and expect their family lawyers to be mediation-friendly, knowledgeable and competent. This updated edition is your complete resource for gaining knowledge and skills to attract clients interested in mediation and effective negotiation. It provides both a theoretical and practical roadmap for navigating the Collaborative process from an emotional point of view. Drawing from multiple legal sources, including the ever-evolving number of court decisions dealing with various aspects of ART, this book presents complex information in a direct, balanced and fair manner.
The authors explain the reproductive technology options available with relevant state statute summaries, discuss standards of care, evolving technologies, and more. The book also considers contracts and documents for ART as well as the ABA’s Model Acts Governing Assisted Reproductive Technology. This updated edition uses real-world examples where critical issues such as the developmental need of children, relocation, domestic violence, and the alienated child are involved. The book details a logical process for attorneys to critique evaluation reports and analyze the strengths and weaknesses of a case. This thoughtful and detailed guide helps family lawyers and related professionals understand and aid in the process of reconnecting parents and children who have had their relationship damaged by family matters. Looking at when this interaction occurs to the processes that can and should be implemented to prepare effective parenting plans for clients, the book also provides definitions of the roles of mental health professionals in parenting evaluations and the applicable laws and standards for each professional. Now updated, this is an accessible resource for handling all aspects of an adoption case. Making it an useful desk reference, it explains the fundamentals of adoption law and provides detailed information, advice on client consultations, guidance for each step in the legal process, and an array of sample forms. This updated edition incorporates the hundreds of new legal decisions since the last edition, including the impact of the recent Department of Interior’s ICWA regulations and two critical Supreme Court decisions.Frequently, however, parents, lawyers, and even judges, lose sight of this. Opinions are evolving about how to keep the child as the case’s focus. One such opinion believes a child's voice should play a key role in any custodial arrangement.
This opens a wide range of questions and concerns: why should we listen to a child, what potential concerns exist when listening to them, and how do we solicit their opinions. This book is written provide a framework for addressing those questions and providing the most productive answers. This is a clearly written and logical resource accessible to lawyers and related professionals at any level of experience. Beginning with the basic considerations for an effective plan, further chapters offer tools for attorneys and others to craft appropriate and workable plans for their clients. This practical guide discusses all aspects of a case where an alienated child may be involved, from identifying the process to making the presentation in court. It examines how child support guidelines and standard visitation schedules often don't meet the needs of special needs children, and provides a model child support chart, parenting plan, and modification for these cases. As a result, it is highly probable that most family law practitioners and judges will be involved in a case where an allegation is raised regarding sexual contact or activity between the child and a member of the child's family or household. Child Sexual Abuse in Civil Cases by Ann M. Haralambie cuts through the clutter of assumptions, myths, and preconceived ideas to provide a balanced, informative, and ultimately strategic guide to handling cases of abuse in non-stranger situations and the legal interventions available to the practitioner. This long-awaited updated edition explains the various Social Security programs and provides examples of how they impact the practice of family law. This updated edition addresses how a divorce case is affected by estate planning established during the marriage, explaining how to review existing estate plans to avoid complications.
This updated edition discusses these subjects in logical, easy-to-understand manner, bringing clarity to a topic that can be confusing for attorneys and judges who often lack an accounting or finance background. Forensic accounting can help family lawyers win cases while at the same time their clients are able to keep money which might otherwise be taken from them by the difficult and confusing divorce process. This updated edition of one the ABA's most popular resources explains the practice of forensic accounting and business valuation and how to apply it in family law cases. It provides a practice-focused introduction to the core financial concepts in divorce, such as asset identification, classification, and valuation, income determination, expenses, and more. This edition also includes sample language and clauses with commentary, as well as model letters, forms, interrogatories, and checklists. A clearly written roadmap, this book helps you avoid the common pitfalls associated with these complex assets and allows you to explain these issues to your clients. Extensive appendices provide invaluable forms and resources for the family lawyer with handling a case where a bankruptcy is involved. This classic reference explains how to use the 1040 return as a discovery tool in divorce cases, showing where to start a review and how to discover cash flow and the existence of assets. A line-by-line analysis of a hypothetical couple's federal tax form and its schedules provides guidance for drafting a detailed and effective discovery plan for assets and income. Providing attorneys, judges, and valuation experts with the most comprehensive survey of cost of capital case law across jurisdictions and venues, this is a comprehensive sourcebook for understanding the basis of a business valuation and for background in examining and cross-examining expert witnesses.
Written by recognized authorities in the field, they explain how to dig beneath the surface to find the most pertinent facts and interpret the data. It's highly likely that most family lawyers will at some point represent a client who has or is entitled to some portion of this complicated aspect of marital property. This is a handy, practice-focused guide to all aspects of employee stock options and their equitable division in divorce. It is a great resource to initiate self-empowerment and take control over your divorce. This concise, user-friendly guide is written especially for clients. It is a road map that explains the entire process clearly and thoughtfully, helping them understand the process while clearing up some of the concerns and misconceptions that can occur during a divorce. Author Randy Kessler explains, step-by-step, the entire process of divorce, including how to select an attorney, know the questions to ask and the answers that are needed, how to prepare for trial, and much more. The book's numerous documents are available online to be downloaded and customized to meet the needs of your practice. It takes a no-nonsense, nuts-and-bolts approach in explaining the most critical issues for developing a thriving family law practice. This book provides a crucial step forward in matching individuals with the family law services they need. Litigators, mediators, Collaborative professionals, mental health professionals, financial experts and allied professionals—from beginners to veterans—will find new, inspiring, practical tools they can put to use at tomorrow’s client meeting. This manual considers their unique routine and environment to assess the tech gadgets that will fit into a practice, focusing on tools that are mobile, accessible, and have a user-friendly interface. Includes a model agreement, sample letters and forms, and summary of the law in all 51 jurisdictions.
Focusing on the legal issues of validity and construction in marital agreements, the authors demonstrate how identifying the best argument can benefit the client while avoiding potential drafting problems. Yet when a military client is involved, many special issues arise that makes a divorce case more difficult. Covering all facets of representing servicemembers and their spouses in divorce, this comprehensive resource draws on Mark Sullivan's decades of specialized practice to provide clear explanations of key issues such as the Servicemembers Civil Relief Act and military retirement benefits as well as guidance on handling every aspect of a military divorce. This is a very useful and well-crafted work for lawyers. The book takes an in-depth look at the subject of pet custody disputes from many angles. Not only explaining legal topics, such as what judges do in a practical way and how they might approach a case, the book also considers how cultural perspectives, cognitive biases, and points of view impact negotiations, alternative dispute resolutions, and decision-making processes. Understand the pros and cons of arbitration and the types of processes employed with this comprehensive manual. Invaluable resources include a state-by-state survey of family law arbitration, practical guidance on choosing an arbitrator and conducting an arbitration, and sample forms. Examining issues through the dual prism the legal and psychological perspectives, the book offers a structured approach for developing clear direct examinations, sharpening cross examinations, and composing effective, compelling arguments to the court. This perspective directly affects all aspects of domestic relations, including appellate practice.