Can a Florida Court Order a Psychological Evaluation in a Custody Case?

In cases where the parents are unable to agree on custody and timesharing arrangements, the courts have to make a decision based on what will be in the best interests of the children. In some cases where the parents are extremely opposed, the judge may order a psychological evaluation of one or both parents, and sometimes the child as well. This can give the courts valuable insight into the family situation.

It is important for any parent involved in a family law case to understand when a psychological evaluation can be used and what impact this can have on your case. 

When do courts order psychological evaluations?

Judges in Florida are not required to conduct psychological evaluations in every custody case. In the majority of family law cases, the issues are resolved through negotiation, mediation, and the presentation of standard evidence. However, in cases where there are serious concerns about the mental health of the parent and the parent’s ability to care for the child, the court may decide that the case should employ a psychological evaluation.

When there are allegations of substance abuse, domestic violence, severe conflict between the parents, and allegations that one parent is not emotionally stable, the court is more likely to require the family to undergo a psychological evaluation. In other cases, the court may also consider the evaluation if there are concerns about parental alienation, neglect, or if the child is exhibiting severe emotional distress during the family law process.

In these types of cases, the evaluation can assist the court in understanding the situation and making the best decision for the well-being of the child.

What happens during a custody evaluation?

When a psychological evaluation is requested, the court will usually appoint a licensed psychological or mental health professional to carry out the assessment. The psychologist can choose to speak separately to each parent and child, depending on the circumstances.

The psychologist can ask questions, observe behaviors, and utilize various psychological tests to assess each individual. The psychologist may also examine important documentation, such as school records, medical records, and communications between the parents.

In some cases, the psychologist can observe how each parent interacts with the child to assess the dynamics of the relationship. The psychologist is not trying to diagnose the parent or condemn them, but rather to gather information to help decide what’s in their best interests.

How do evaluations affect custody decisions?

Once the evaluation process has been completed, the psychologist generally prepares a written report for the court. This can include information about the mental and emotional stability of both parents, as well as their strengths and weaknesses as parents, and the needs of the child.

The evaluator can also make recommendations about the timesharing schedule, decision-making, or whether some type of safeguard should be put in place to help the child. While the judge doesn’t have to follow these recommendations, they often do, and the reports are quite important to the outcome of the case.

Because this evaluation can have a big impact on the outcome of the case, both parents should take this process very seriously.

Talk to a Tampa, FL, Family Lawyer Today

Westchase Law, P.A., represents the interests of Tampa parents during custody hearings. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.