Expert Witness Testimony in Child Custody Cases in Illinois

Article written by Illinois Attorney Kevin O’Flaherty

In this article, we explain the role of an expert witness in child custody cases in Illinois. We answer the question, “what is the definition of an expert witness?” We also address whether you should hire an expert witness and how to qualify that person. Lastly, we answer the question, “who is responsible for the expert witness’s fee?”

Expert witnesses are not uncommon in child custody cases, and it is not uncommon for both parties to hire multiple expert witnesses when a child has extensive needs. Getting what you want in a family law case oftentimes rests on expert testimony and other evidence you present in court. In a previous article titled, Psychological Testing and Health Evaluations in Illinois Child Custody Cases, we explained that either party or the court can request that a mental health evaluation be conducted by an expert in the mental health field. At times these mental health experts who perform these evaluations may also be called upon by the court to testify their findings and recommendations.

What is the Definition of an Expert Witness?

The law defines an “expert” as a person, who because of education, training or experience, possesses knowledge of a specialized nature beyond that of the average person on a factual matter related to pending litigation and, who is expected to render an opinion within his or her experience at trial. For…