My response is that, luckily, you do not have to prove it, you just have to get the Judge to believe that it is present. By this, I do not mean that your job is to falsely convince the Judge of anything, but that absolute proof of such a thing is not necessary. There are many a judge who "get it" based on how the case is presented and how the various players impact the judge.
Given the special circumstances of Family Court, the Judge has immense discretion in his or her ruling, so getting the Judge to believe vs having to prove is less difficult. That said, it is no easy matter.
I often receive email requests asking for the name of an expert in a given area. I typically respond that an expert is only part of the presentation - an important one - but only part.
What is needed is a carefully and thoroughly planned strategy wherein the expert is a portion of the plan, who typically ties up the loose ends of the testimony and gives specific meaning to what the fact witnesses have described; but it is not the end all and be all. I have seen too many disasters where this reality was not adequately recognized.
In my effort to educate parents to these difficult lessons and issues, I have created a course on Family Court that I believe is filled with helpful information.
My mission is to get this sort of information to you before you learn it the hard way. I hope that this is helpful.
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