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Can I Obtain a Psychological Evaluation and the Mental Health Records of My Spouse in an Orlando, Florida Divorce Case?

Whether you can get a psychological evaluation on your spouse in an Orlando, Florida divorce case depends on whether your spouse’s mental health is at issue and in controversy and that you can show good cause. Requesting custody, time-sharing, or parental responsibility does not place a party’s mental health at issue. Mere allegations of mental or emotional instability are insufficient to place a parent’s mental health at issue so that you can overcome privilege. Questioning the other parent’s fitness to parent along with mere allegations are insufficient to overcome privilege. Mere allegations are insufficient to overcome privilege. Mere allegations of mental,  emotional, or emotional instability are insufficient to place the parent’s mental health at issue to overcome the privilege. The occurrence of a calamitous event would likely place a party’s mental health at issue. 

A spouse’s prior health, physical and mental, are not relevant to his/her current ability to parent the children. What is relevant to the trial court’s determination regarding child custody is the parties’ present ability to parent and current condition. There would have to be a showing that the party attempting to show prior mental or emotional health issues would contribute to the court’s determination of present ability of the party to parent the child. 

Things to look for that are relevant to the spouse’s current mental health are such as, but not limited to the following: has your spouse recently been Baker Acted, is your spouse currently receiving disability due to a psychological disorder such as PTSD, or other psychological disorder, has your spouse recently tried to commit suicide, is your spouse currently being treated for a mental illness, or is your spouse currently taking prescribed medication for a mental illness. Has your spouse currently been arrested for a substance or alcohol abuse charge? Has your spouse been arrested for a crime that had to do with the spouse’s irrational behavior?  

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//:www.AnnMarieGildenLaw.com

This article is for informational purposes only; and it does not form an attorney client privilege.