Understanding the Impact of Expert Witness Reports in Custody Cases
I just got an expert witness report saying that my kids are being coached by their mom in this custody case. Is that likely to be helpful?
I’m Tulsa family attorney James Wirth, and that’s the question we have today. The question, verbatim, is: “I just got an expert witness report for my custody case saying my kids are being coached by their mother. How likely is this to help in Oklahoma courts?”
The Role of Expert Witnesses
At first glance, that sounds like good evidence. But here’s the catch—just because someone claims to be an expert doesn’t mean the court will recognize them as one. The first step is establishing admissibility under the rules of evidence.
An expert is different from a lay witness. A layperson testifies to facts they personally observed. An expert, however, offers an opinion based on training, qualifications, and a review of the case. Before their testimony comes in, the court must determine that they are qualified as an expert.
Admissibility and Credibility in Court
If the court accepts them as an expert, their testimony can be admitted. If the judge finds that testimony credible and persuasive, it can be very favorable to your case. For example, if an expert concludes the children are being coached, the court may be less likely to give weight to statements the children make that seem influenced by the coaching.
But here’s the reality: custody cases often involve a “battle of the experts.” If one side presents an expert opinion, the other side may bring in its own expert to say the opposite. When that happens, the judge may either discount both opinions or decide that one expert was far more credible than the other.
Factors Influencing Expert Testimony Impact
So, while an expert opinion about coaching could be powerful evidence, its impact depends on several things:
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- Whether the testimony is admitted into evidence.
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- How persuasive the court finds the expert.
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- Whether the other side presents a competing expert opinion.
The bottom line: this evidence could have a huge impact—or very little—depending on the circumstances and the judge’s ruling.
Take the Next Step: Schedule a Strategy Session
Because every case is unique, you should speak privately and confidentially with a Tulsa child custody attorney who can review the report and your overall case strategy. To schedule an appointment with my office, call 918-879-1681 or visit MakeLawEasy.com.
