Matrimonial Practice

Identifying Bias in Custody Evaluations

, New York Law Journal


Matrimonial Practice columnist Timothy M. Tippins writes: Justice Potter Stewart famously quipped that although he could not define pornography, "I know it when I see it." Bias presents the opposite problem. It can be readily defined but you do not necessarily know it when you see it. Given that custody evaluators are as susceptible to bias as anyone else and because bias can destroy the reliability of their conclusions, it is imperative that lawyers and judges be able to recognize its telltale signs.

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