Elisa Reiter

Calabrese Budner

Children referred for reunification therapy can be described as feeling divided, torn between their parents, with polarized feelings about parents such that the children may refuse to see, visit, talk with or enjoy a real relationship with a rejected parent. Effective models for children and families in need of reunification therapy do exist. As ga...

Divorce can be difficult -- for those going through it and for their attorneys. Financial concerns, crowded dockets, as well as the personalities of vying litigators and litigants can serve to contribute to the burdens attendant to achieving an accord and finalizing the case. Covert narcissists have ways of hiding in plain sight, and those characte...

An attorney’s competence as a litigator is measured in part by their ability to keep up with changes to the law. In a nutshell, here is what judges, attorneys, mental health professionals and litigants should know about 2023 Texas legislation that impacts family law.

The corruption of a child’s normal role in the family unit can increase the child’s risk of dysfunction—socially and emotionally—when the child attains adulthood. When a parent begins to rely on the child for emotional support, especially in times of conflict within the family, and the parent comes to depend on the child for emotional support and p...

Evaluators have a duty to differentiate litigants, to act as the arm of the court in measuring who will serve the best interests of the children made the subject of custody fights, adoption actions and/or termination actions. Evaluators face tough work, and tougher decisions. Lawyers must interrogate evaluators to assure that evaluators base their...

Recognition that not every mistake by a parent constitutes a danger aligns with the goal of preserving families whenever appropriate to do so.

Non-disparagement clauses have become increasingly common in divorce and child custody agreements, aiming to protect minor children from the harmful effects of parental conflict. However, non-disparagement clauses are frequently scrutinized for potentially infringing on First Amendment rights. How do litigants, and their representatives, balance th...

Accurately perceiving time regarding events that happened in the past is not easy. Yet, this ability is critical in law, and particularly in litigation regarding child abuse. A child's organic, cognitive, and memory processes must function properly. The ability to describe an experience to someone else is a very complex process. Descriptions of “wh...

The interplay between power and inadequacy within the mind of a narcissist creates unique challenges in family law cases. Narcissists have been described as tending to have high conflict personalities. Self-discipline is crucial to resist reacting to each and every provocation that a narcissist will launch. Make positive choices as to when to respo...

A Court of Appeals’ recent holding highlights the complexities surrounding parental identity and rights. Should the definition of who a parent is evolve based on legal precedents, psychological perspectives, and sociocultural influence? How should courts navigate these intricate dynamics?

Infamous child abuse cases abound. Yet, let's remember: Government is not a substitute for community, any more than it is a substitute for family.

In an era where smartphones and home security cameras make recording everyday interactions commonplace, the question of whether parents can legally videotape Child Protective Services (CPS) workers or court appointed professionals during home visits that include interviews of children has become increasingly relevant. There are legal and ethical co...

Drug and alcohol testing have become common practice in a variety of settings, including child custody evaluations. Parents sometimes accuse each other of not only drug use, but of suffering from addictions that impair parenting ability. Understanding the mechanics of drug testing, dispelling common myths about the (in)ability to circumvent such te...

How much weight should judges continue to give to court-appointed counsel, who have historically served as giving children a voice in the courtroom?

In a law office setting, effective communication across generational lines is vital for enhancing teamwork that ultimately benefits clients.

A recent case in the Court of Appeal of Florida examined the context of the state's stalking statute.

Who should have preference to adopt a foster child if the parental rights of the biological parents have been severed?

Patient rights are a fundamental aspect of modern health care, encapsulating key ethical principles and legal protections for individuals receiving medical care. These rights have evolved over the past several decades, in part due to changing societal values, landmark legal cases, and policy developments.

Lawyers and forensic psychologists have unique skill sets that can complement one another and benefit clients. Such teamwork can apply in child and family law cases, including divorce litigation and modification cases, personal injury cases, products liability cases, and more.

The intersection of legislation that allows survivors of gender-based domestic violence to assert their claims highlights a growing recognition that, for some, recovery from trauma is not just possible—it is essential for rebuilding lives shattered by violence.

The recent case of J.M.P., Jr. sets an important precedent for future legal decisions regarding mental health and ownership of firearms.

A recent, significant case in Connecticut highlights the challenges inherent in attempting to overturn custody decisions based on an abuse of discretion standard. The case provides important insights into custody determinations, property division, and the consequences of discovery violations in divorce proceedings.

The potential of collaborative law extends far beyond family law cases. How can the collaborative law model be applied to other areas, offering a more constructive and efficient approach to conflict resolution?

When deciding exactly when to remove and where to place a child there is no magic formula. Focusing on the critical variables is key.

Lawyers and mental health professionals jointly deal with a variety of people. Does the obligation to maintain client confidences extend beyond the client/patient's death? This article explores the nuances of these key professional obligations, their ethical foundations, and how these obligations are impacted by legal processes and publicly accessi...

Communicating with individuals who have been diagnosed with Borderline and Narcissistic Personalities (BPD) (NPD) requires specialized strategies and heightened awareness for the parties’ attorneys.

Custody disputes may be so emotionally charged that they sometimes escalate to dangerous levels. It is crucial for judges, attorneys, child custody evaluators and litigants to be aware of potential signs that may indicate a higher risk of violence.

Although legal remedies exist at both the federal and state levels, victims of revenge porn often face significant challenges when they seek justice.

Many professionals describe situations where a child unjustifiably rejects one parent due to the influence of the other parent as a resist-refuse dynamic, or as a parent-child-contact-problem. Such situations may arise during or after divorce. The problem is that the resist-refuse dynamic may have long-lasting negative effects on family function an...

Mental health professionals must rely not only on their clinical judgment, but on a thorough forensic evaluation in each case in which the mental health professional is asked to render an expert opinion. The law is a labyrinth. Mental health professionals can assist lawyers, juries, and judges in traversing this maze, and emerge with a sound resolu...

In the recent case of 'Sanchez v. State,' the appellate court issued a memorandum opinion in which it addressed what constitutes sufficient evidence of sexual grooming.

Would implementation of audiovisual recordings in child custody evaluations serve as valuable precedent, demonstrating that increased transparency can coexist with professional integrity in family law matters? There’s lots to think about.

The intricate relationship between poverty, substance abuse and termination of parental rights forms a complex and often devastating cycle. Sadly, termination of parental rights can be warranted when parents prioritize their addictions over serving their children’s best interests.

The distinction between bullying behavior and proper advocacy in the courthouse hinges on respect, professionalism, and adherence to ethical standards.

We have witnessed countless divorces and their impacts on families. While each case is unique, there are many common challenges and misconceptions faced by each client. Here are some curves in the road every client should be aware of prior to embarking on this difficult journey.

Child Protection Service (CPS) workers seem to be disproportionately susceptible to emotional exhaustion. Because they comprise the essential frontline of the child protection system, this can quickly affect a negative domino series of consequences: shoddy work, low morale, worker turnover, and a potential erosion of the legal rights of the very ch...

Be aware of the phenomenon of concept creep. Implement appropriate safeguards. The family law system can better serve the needs of divorcing families and protect the well-being of children while upholding the principles of fairness and due process if everyone understands that one definition may not hold for all applications of one concept.

Just like labeling children may have a lifelong impact on how they view themselves, assigning vague or inaccurate labels in a family law case can cause lasting damage. It is important to take a fresh perspective in such cases, untainted by broad psychological labels that may cause a court to color its perspective.

Mediation provides parties with greater control over the divorce process and outcome. Participants can choose their mediator, schedule sessions at their convenience, and tailor solutions to their specific needs. This flexibility often leads to more sustainable agreements, as parties are more likely to adhere to terms for which they have actively ne...

For family law practitioners to achieve the best possible outcome for their clients, cases must be meticulously prepared, anticipating every potential scenario, and by crafting a compelling narrative that resonates with the court. At the heart of this preparation lies a fundamental question: “What’s your ASK?”

During divorce proceedings, a judge may appoint a child custody evaluator. The evaluator is tasked with interviewing the parties and their children. We live in a technologically advanced era. By drawing from a deep well of information, artificial intelligence (AI) can be an aid to people in all areas of life. What if the “expert” child custody eval...

Lawyers and mental health professionals use labels in developing their cases and child custody evaluations. Labels can color the case, and create a predilection for confirmatory bias. Drs. Siegel and Gottlieb along with attorney Elisa Reiter explore the use and misuse of labels, and how to dig deeper in cases involving allegations of parental alien...

Dealing with a narcissistic spouse during a divorce can be quite complex and emotionally draining. Elisa Reiter - who is certified by the Texas Board of Legal Specialization in Family Law and in Child Welfare Law - offers her perspective and strategies for dealing with narcissistic behavior during divorce.

Both championed and ridiculed, the term “parental alienation” has been bandied about since 1985. Labels create images. They can also create anchoring bias— the tendency of individuals to rely too much on the first piece of information they receive on a topic, regardless of whether the information is accurate. To label a party as engaged in parental...

Investing in rigorous policy development and training regarding sexual abuse and grooming will assuredly serve the best interest of students, families, teachers, and administrators.

Is there such a thing as parental alienation? Are there behaviors that constitute parental alienation? The DSM-V does not include parental alienation, yet we observe behaviors that we can characterize as parent child contact problems? How do we identify underlying abuse issues and assure children's safety?

When COVID-19 hit, thousands of college students were forced to switch from attending classes in person to receiving an online education. In the eyes of many, they got shortchanged. Colleges and universities argued that they were permitted to change any part of their mode of course delivery due to circumstances beyond their control. Was the differe...

During a gray divorce, being amicable goes a long way. Minimizing the contentiousness in a divorce will ultimately be psychologically and financially beneficial for both parties. To that end, an alternative dispute resolution approach (ADR) may be the right one for divorcing older couples.

In general, state agencies can only promulgate rules if that authority has been specifically delegated to them by the legislature via a statutory grant of rulemaking authority. At a recent Florida administrative hearing, the judge had to decide this issue: “Is Florida Administrative Code Rule 65C-16.002(5)(c) an invalid exercise of delegated legisl...

According to a survey sponsored by the OJJDP, 1 in 15 children are exposed to intimate partner violence each year; 90% of them are eyewitnesses to domestic violence incidents. From a legal perspective, are there some approaches and strategies to keep in mind when the alleged perpetrator is the “new parent” and the eyewitness is their stepchild rath...

The term “child sexual abuse accommodation syndrome” (CSAAS) was initially coined by psychiatrist Roland Summit in 1983 in an effort to understand the various ways children react to sexual abuse. From an evidentiary perspective, not all states recognize CSAAS as admissible. Indeed, CSAAS is not recognized by the American Psychiatric Association or...

Tragically, a court makes a misguided decision in a particularly contentious custody battle. After the decision is finalized, one of the parents harms, or even kills, their own child. The innocent parent whose child’s life has been adversely affected or cut short, berates the custody professional. While the innocent parent’s reaction is understanda...

The 88th Texas Legislature strove to streamline Tx. Fam. Code Section 3.402(c), but in doing so, has it left some questions unanswered? How are lawyers to present the measure for claims as of the date of trial? Will that measure include interest from the time of the contribution until the matter is heard at trial, or would doing so be a logical lea...

Mental health professionals may be called as expert witnesses for depositions, hearings, and/or trials. Mental health professionals often do not have experience testifying as expert witnesses. Reiter's Tips for Testifying can help both new and experienced mental health professionals express themselves well at the courthouse.

Should a third party or grandparent seek conservatorship over the objection of the children’s parents, such a litigant must present facts in a verified affidavit, persuasively indicating that the child’s parent is unfit.

Noneconomic damages must be proven to be 'genuinely compensatory' based on a 'rational connection' developed by a plaintiff to show a rational basis and connection between the 'injuries suffered and the amount awarded.'

Although the U.S. Supreme Court has addressed numerous facets regarding the circumstances under which the death penalty can and cannot be imposed, it has not yet directly addressed the question of jury unanimity being a requirement.

For loquacious lawyers jaded by years of practice, particularly those who have had the discipline to specialize, how can we revamp, refocus and learn to listen more?

Throughout the year, judges often find themselves besieged by pleadings raising allegations of abuse as litigants seek to undermine each other’s access to their children in the hopes that any emergency relief granted will color access going forward. What can attorneys do to maintain healthy family relationships even in times of stress?

Confidentiality facilitates honest communication by assuring patients that the details of their lives, shared with their health care providers, will remain private. Yet, mental health professionals in some states are imposed with a duty to warn, requiring them to take reasonable steps to protect potential victims of their clients. However, not ever...

In cases involving minor children, we sometimes vary from standard operating procedure regarding how testimony can be presented, as well as stretching boundaries as to whether the witness is developmentally capable of presenting testimony. Should such distinctions continue? There are two overarching concerns regarding child witness testimony – comp...

Termination of parental rights cases mandate that due process is to be guaranteed. Defense counsel must assure that their client’s rights are preserved. Termination of parental rights may serve the best interests of children in some cases, but the Department must be forced to prove its case by clear and convincing evidence. Trial courts must explor...

Consultants can help litigants learn to better adapt, to communicate politely and succinctly, and to help give children stable homes and healthy choices. Should their artistry be disclosed in discovery?

People have an inherent impulse toward empathy. That drive can be nurtured or squelched during any legal process. This article presents a discussion on conflict and suggests how attorneys would be wise to learn from mental health professionals about how to best serve clients with empathy, attention and respect.

Reptile theory is a trial strategy that focuses on using fear and anger to motivate a jury to dislike a defendant so much that it will award an unwarranted large verdict to the plaintiff. It focuses on safety and security issues by seeking to have jurors envision themselves caught in the same situation that the plaintiff suffered, engaging the most...

In the recent case of In Re B.K.A., the Texas Court of Appeals grappled with the question of whether a teenager should be required to register on a sex offenders list publicly or non-publicly.

It takes just a few data points to portray the dissolution of too many American families today. Family court judges have difficult tasks. They must be exemplary knitters. Facing tensions, family court judges constantly try to cable together rulings that serve the best interests of children.

This PowerPoint presents changes to the Texas Estates Code enacted by the 88th Legislature, and gives pearls of wisdom for use in guardianship, estate and probate cases.

To serve as a foster parent, an individual must be vetted. When a placement involves placement with next of kin, the vetting process is a bit different. In the recent class action case of B.B. v. Hochul, plaintiffs question the constitutionality of the process for screening kinship placements and the traditional grounds for rejecting a kinship plac...

In addition to professional cannons, it is important to take practical steps to ensure a smooth transition in the event of incapacity or retirement,

The goal of therapeutic jurisprudence is to mitigate the toll that prolonged litigation wreaks on families and children.

Thousands of child custody cases go through family courts every year. How many of these courts, if any, have ever done a look-back self-assessment to ascertain how successful their judgments were? This introspection could have a positive impact on the children and parties involved, as well as on the court itself. An honest self-assessment could be...

The Texas Association of Family Forensics (TAFF) is a group of licensed independent mental-health professionals comprised of psychologists, social workers, and counselors who assist families during difficult times of transition. I had the pleasure of presenting to this group regarding 2023 legislative changes enacted in Texas that impact mental hea...

Kaizen (“good change”) is a philosophy and management approach of continuous improvement that can be applied to various aspects of life, including personal and professional development. Focusing on small, ingrained changes performed on a daily basis, here are some tips for continuously improving with Kaizen for law firms.

Employees who are victims of domestic violence need to grasp the importance of understanding their rights and protections under both state and federal law. Employers should also be aware of their obligations to provide leave and reasonable accommodations to employees who are victims of domestic violence.

A brief discussion of how lawyers could benefit from using AI in their legal practice.

Lawyers who handle cases involving custody disputes should be aware of a new law that impacts how child custody evaluations are to be conducted.

If a criminal defendant chooses self-representation, there must be a thorough record that the decision was “knowing and intelligent,” made with the understanding of the constitutional right to representation.

A parent's rights can be terminated if they are not able to properly care for their child. Some important takeaways for attorneys and others are offered.

A trial court may admit a child/complainant/victim’s out-of-court statements that describe the alleged offense suffered by the child, provided that such statements were made to the first adult person to whom the child made a statement regarding the offensive conduct. There may be more than one outcry witness, provided that those witnesses testify a...

The image that a sexual predator is a stranger trying to entice a small child is so outdated. Today, we know that sexual predators can be anyone -- blood relatives, clergy, doctors, coaches, and, yes, teachers. As authority figures that students are taught to trust, when teachers breach that expectation, the psychological repercussions can last a l...

Family law cases are difficult, inducing a variety of emotions. As a case progresses, each party may feel stress, trauma, and threat. Understanding polyvagal theory can help move clients through trying situations.

Ethical Issues faced by attorneys ad litem, guardians ad litem and amicus attorneys.

Narcissists do not just feel overly confident they will win in a custody hearing; they feel entitled to win. To counter a narcissist's divorce strategy, it is imperative to have a clear picture of who the narcissist is and be prepared with a knowledgeable, experienced, and proactive attorney. But the word “narcissism” is rampant in family court. An...

A discussion of the U.S. Bankruptcy Court for the Southern District’s recent decision In Re Three Arrows Ltd. The authors question: “Will 'Three Arrows' point courts in a new direction, and stand as authority to condone service of discovery requests via alternative service of a Rule 45 subpoena outside the United States, via email and social media?...

This article looks at some of the pending bills working their way through the 88th Texas Legislative Session.

Many court hearings are now virtual. This means that some or all of the litigants and witnesses participate by video. Are virtual hearings compromising the Fourth Amendment rights of domestic violence victims/survivors and children involved with Child Protective Services?

A class action suit was filed against the North Carolina Department of Health and Human Services seeking to end discrimination regarding children with disabilities who are placed in foster care and who are then unnecessarily segregated from their home communities.

Over the past few decades, Texas family lawyers have engaged in a legal fiction: Let’s tie a bow around the package of a partition and exchange agreement by seeking to have the agreement made the subject of a declaratory judgment action. The Fifth Circuit appears to blow that concept out of the water. Lawyers: caveat emptor.

A recent Connecticut case, State v. Hector M., (Superior Court of Connecticut, Judicial District of Waterbury, Decided November 25, 2022, Filed UWY-CR10-0390108-T), demonstrates the rare but graphic and insidious nature of grooming and incest. The reader should be advised that the facts underlying this case, discussed below, are horrifying.

California is viewed as a refuge for trans children. The Texas Supreme Court dismissed a pro se mandamus In Re Younger - how will the ruling impact gender affirming treatment options?

Based on a 2022 U.S. Supreme Court ruling, NYSRPA v. Bruen, the U.S. District Court for the Western District of Texas struck down a federal law prohibiting access to guns if those people are subject to domestic violence protection orders.

Apart from estate planning, where should you start when a loved one passes away? This article provides suggestions on starting points following the death of a loved one.

When a minor commits a serious offense, the prosecutor may have discretion topetition the juvenile court to waive its jurisdiction. If the petition is successful, inlieu of the case being heard in juvenile court and the child being tried as a juvenile,the case will instead be heard in a criminal district court. The child is certified as an adult, a...

Should parents be the only individuals granted court-ordered access to and possession of minor children? Many state access statutes continue to ignore the importance of companionship and the impact third parties may have on minor children.

In the recent trial of Johnny Depp and Amber Heard, the phrase “mutual abuse” was used by the psychologist testifying on Depp’s behalf. Mutual abuse is a term sometimes used to assign accusations of instigation and abusive behavior to both people in a relationship, not just one. Whether the term is ever appropriate or if it describes domestic viole...

Whether by self-help or in vitro fertilization (IVF), the path to parenthood, particularly for same sex couples, can be complicated. Historically, if and when a same sex couple terminated its relationship, unless a person could present a biological connection to their child(ren), the party without a biological connection to the child(ren) could fin...

What is elder abuse? Elder abuse and neglect, known by the acronym “EAN” may impact quality of life for the elderly and for the disabled. Why should EAN concern doctors, lawyers, front line workers, psychologists, accountants and other professionals? As Baby Boomers age, so does the older population. Worldwide, the elderly population was estimated...

A child's environment can constitute a source of physical and emotional medical neglect. In the recent case of In the Interest of J.A.R.R., J.N.R., and M.A.R., the U.S. Court of Appeals for the Fourth Circuit held that termination of parental rights was warranted where parents had no plan in place to meet their children's medical needs.

In a 2019 article published in JAMA, Drs. Torres, Salles and Cochran contend that physicians must recognize and react to microagressions in surgery. As those physicians note in that article: The word microaggression was initially coined by Harvard psychiatrist Chester Pierce in 1970 and referred to minor yet damaging humiliations and indignities ex...