Legal Question in Family Law in California
My wife is in a custody case with her ex. They have been in court for 2 years, and the ex has an attorney that pulls things that in my opinion aren't legit. The question I have is this: yesterday the petitioning attorney (my wife is en pro per) called for the 2nd time, an "expert witness" who is an accountant. After a long day, my wife came home, and we were reviewing some pictures her child was showing us, and low and behold, the "expert witness" is the ex-husbands father-in-law, which was never disclosed. Is this even legal?????
1 Answer from Attorneys
Yes, I'm afraid it is perfectly legal, and in fact does not even disqualify him as an expert. This is the trouble with being in pro per. An attorney would have used discovery to obtain the man's background and have been prepared to impeach his testimony to the extent possible based on his connection. The fact that the man is the ex's father in law only goes to how much weight the court gives his opinion, not whether he is allowed to testify to what it is.
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