A forensic expert in a New York child custody or visitation proceedings is either psychiatrist, psychologist, or other qualified professional medical personnel that is utilized by courts to conduct an examination and render a report to the court. Whether or not to utilize a forensic expert is within the sound discretion of the court. See Kesseler v Kesseler, 10 NY2d 445 (1962). In addition, the parties may hire their own independent forensic expert to provide testimony regarding an issue in the case.
New York Family Court Act section 251 grants the court authority to order a forensic evaluation of the parents or child in custody, visitation, or abuse and neglect proceedings.
The court may order a parent or infant to submit to an examination by a psychiatrist or psychologist and may consider the report before making a judgment in a custody proceeding.
Similarly, in a protective proceeding where there is an allegation of abuse or neglect the court may order a parent or infant to submit to an examination by a psychiatrist or psychologist and may consider the report before making a judgment.
Bronx Divorce lawyer Bryan J. Hutchinson will fight for the right to custody and visitation with your children. Call 718-671-0900 for a confidential consultation.