| This sets the path for women across the nation, | | | | delegates judicial responsibility to forensic experts. |
| never give up on your rights as a mother and fight. | | | | The question becomes, then, is this particular |
| The legal custody battle of a six year old little boy | | | | expert’s opinion reliable enough to determine the |
| with special needs was returned to his mother Alyse | | | | fate of children in child custody cases? This causes a |
| Larkin after a grueling thirteen (13) day trial and a | | | | tremendous problem for litigants who might strike |
| hotly contested appeal that spanned through most of | | | | the wrong cord with these professionals. |
| 2008 and 2009. In this judicial custody case, Ms. | | | | After all, Lisa Beth Older says, “professional |
| Larkin was represented by Lisa Beth Older, a high | | | | experts are like anyone else, they come with their |
| profile custody lawyer who championed the rights of | | | | own set of skills, insight, biases and |
| the mother. | | | | misapprehensions”. |
| In December of 2008, the Nassau Family Court (New | | | | While the Court has a duty to review and consider |
| York Family Court Decision, docket numbers | | | | expert recommendations, it is well settled that the |
| V-09582-07 and V-9760/07) initially granted sole legal | | | | Court’s main focus is to weigh the totality of the |
| custody of the boy to the father, a New York police | | | | circumstances of each individual case, determine the |
| officer who lives with his parents in Westchester | | | | reliability of expert opinions, and arrive at a decision in |
| County. | | | | the best interests of the child, after giving due |
| On July 21, 2009 the Appellate Division of the | | | | consideration to all of the testimony, evidence and |
| Supreme Court, Second Department, in the case of | | | | expert opinions. Older explained that “some |
| Larkin v. White, Appeal Number 2009-00143, reversed | | | | Courts, burdened with heavy case loads, might feel |
| the Family Court decision and granted sole legal | | | | they have to rely heavily upon expert psychological |
| custody to the Mother with visitation rights to the | | | | opinions” or upon law guardian recommendations, |
| Father. The Appellate Court ruled that the Family | | | | in the place of other more compelling evidence. There |
| Court decision lacked a sound and substantial basis | | | | is ample case law that says, where warranted, they |
| for granting custody to the father. In making the | | | | are not so obliged. |
| original decision, the lower court Judge extensively | | | | “In this case, the Court got it right, and the |
| quoted the recommendations of the forensic expert | | | | Justices were amazingly well prepared” says New |
| who recommended custody to the Father, while not | | | | York divorce attorney Lisa Beth Older. The decision |
| giving due consideration to other compelling factors | | | | of Larkin v. White is published on line at and may also |
| supporting an award of custody to the mother. She | | | | be seen at Lisa Beth Older, a high profile New York |
| also relied upon the law guardian’s | | | | divorce attorney, has represented many celebrities. |
| recommendation, while not considering other factors. | | | | She first gained prominence in her field while |
| Ms. Older ponders that, “forensic experts and | | | | representing a thirteen year old child in the 1997 |
| attorneys for children play a pivotal role in child | | | | murder trial People verses Wendy Gardner. Her work |
| custody cases” and points to “a vigorous | | | | was later heralded in the book “Kill Grandma for |
| academic debate raging in the legal and medical | | | | me”. As a New York divorce lawyer and |
| community” going to the reliability of expert | | | | appellate lawyer Lisa Beth Older has redefined herself |
| opinions and law guardian recommendations and the | | | | with distinction in the field of divorce, custody and |
| weight afforded to them in the making of a child | | | | appellate law, representing parents in complex |
| custody decision. It has been reported in Appellate | | | | custody cases in the New York City area. “This |
| Decisions and Law Review articles that Lower Courts | | | | custody litigation was very hard on both |
| sometimes rely too heavily upon the | | | | parents”, says Lisa Beth Older, Esq., adding “I |
| recommendations of the attorney for the child and | | | | was lucky to have had a great client. |
| the forensic expert and that doing so improperly | | | | |