I am the defendant of a custody case. My ex husband is alleging my husband molested my children. My ex husband's daughter is a therapist. Can he legally use his daughter as an expert witness with regards to our children or would that be a biased opinion.
Rather than asking this question in this forum. I would suggest that if you have not already hired an attorney you do so immediately. A child custody case with an allegation of molestation is not one which you should handle yourself. If you have an attorney then address this question with them.
In reading your comments to Mr. Gibbs, you only have 30 days to file an appeal. Was there a transcript of the trial taken down? If not, your chances on appeal are next to zero. Did you object on the record to the daughter being the expert witness? If not, your chances of appeal are near zero. I believe that would have been a good objection to make, but if not made at trial, it is too late to object now.
It would seem unlikely that he would try and use her as an expert. Moreover, on what would she base her opinion? Has your husband been assessed by her?
You will definitely want to consult with an attorney. This is a serious charge and the consequences can be grave.
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