The Effects of Mental Health Issues on an Orlando, Florida Area Divorce
You have filed for Dissolution of Marriage in the Orlando, Florida area. You have children. You are concerned because your spouse has mental health issues. You fear for the physical safety or mental health of your children. What can you do?
You can petition the court for the other spouse to have a psychological evaluation. You can also petition the court under Florida Statute 61.20 for a social evaluation. That is where a psychologist speaks to you, the spouse, the children, the teachers, the neighbors, references, and any therapist treating your spouse. The psychologist then reports to the court and makes recommendations regarding the best interest of the child. The best interest of the child factors that are evaluated by the psychologist are found in Florida Statute 61.13 (3)(c)(a)-(t). You can also request a Guardian Ad Litem to investigate the case. These are some of your options. You need to evaluate which one or all work best for your situation. You also need to understand that each one of those is costly.
What must you do to obtain a Guardian Ad Litem, a social investigation, or a psychological evaluation of your spouse if they will not agree to it? You must file a motion with the court for a Guardian Ad Litem, a Social Investigation, or a Psychological Evaluation.
To obtain a psychological evaluation of your spouse, you must show good cause for the psychological evaluation and that your spouse’s mental health is in controversy. You must allege the basis for the for the psychological evaluation in verified pleadings that are sworn to and notarized. You must be specific when you state the grounds as to why your spouse needs a psychological evaluation. You need to state the current mental health illness that your spouse is suffering. You must state how your spouse’s mental health issues affect their ability to parent by showing that the parenting is detrimental to the children’s physical health or mental health because of the parent’s mental illness.
How can you prove this? There are many ways. Has your spouse given you their treatment paperwork? Is your spouse taking medication for their mental health? Has your spouse been Baker Acted? Has your spouse been voluntarily committed? Has your spouse attempted suicide? Is your spouse currently under psychological or psychiatric treatment? What is their diagnosis? What is their prognosis? What is their treatment plan? Are they following the orders of the psychologist or psychiatrist? Are they taking their prescribed medication? These are all ways to show that there is good cause and that your spouse’s mental health is in controversy.
If you have 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: AnnMarieGildenLaw.com; and check me out on these other sites: Ann Marie Giordano Gilden on Facebook; Ann Marie (Giordano) Gilden on LinkedIn; and Ann Marie Giordano Gilden on AVVO and Lawyers.com.
This article is for informational purposes only, and it does not form an attorney client privilege.