Section 21.4 When Using an Expert’s Testimony Makes No Difference

LibraryFamily Law Deskbook and 2014 Supp

3. (§21.4) When Using an Expert’s Testimony Makes No Difference

As shown in §21.3 above, expert testimony can be very useful to counsel in a contested custody case. If problems arise in its presentation, however, expert testimony can become a needless expense and waste of time; at worst, expert testimony can harm the client’s case because the trial court hears evidence that fails to prove a critical element, is not convincing, or lacks the proper foundation.

M.F.M. v. J.O.M., 889 S.W.2d 944 (Mo. App. W.D. 1995), is a good example of wasted expert testimony. In M.F.M., the father, who...

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