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What is Necessary to Obtain a Psychological Evaluation on a Party in an Orlando, Florida Marital and Family Law Case?

A party seeking a psychological evaluation on an opposing party in an Orlando marital and family law case must show that a matter is in controversy and show Good Cause for the examination. Florida Family Law Rule 12.360 governs this. It states that a request for a psychological examination must be related to a matter in controversy, and the party must have good cause for the examination. The requesting party has the burden to satisfy the in controversy and Good Cause prong. 

The in controversy and Good Cause requirements are not met by mere conclusory allegations of the pleadings nor mere relevance to the case, but requires an affirmative showing by the movant that each condition as to which the examination is sought is really and genuinely in controversy and that Good Cause exists for ordering the psychological examination. 

While a parent’s emotional state is certainly relevant in making a custody determination, the fact that custody is at issue should not alone create a reason to order a psychological evaluation. Mental or psychological examinations are not automatic. A parent’s mental state is typically at issue at a custody hearing only when there were verified allegations that the parent in question is having mental problems that could substantially impact his or her ability to properly raise children. 

The Good Cause requirement is a counterbalance to the notion that a compulsory examination has been traditionally deemed an invasion of privacy. Good Cause should be based on the evidence that the parent has been unable to meet the needs of the children. The requesting party must show that the alleged mental illness places the child at risk of abuse, abandonment, or neglect. 

Questions to ask include the following: 

• Has the opposing party been diagnosed with a mental illness? 
• Are they compliant or noncompliant with their medication? 
• How is this affecting their ability to parent? 
• Can the parent meet the needs of the child? 
• Has the parent abused, abandoned, or neglected the child? 
• Has the parent threatened suicide? When did they threaten suicide? 
• Were they Baker Acted? 
• When were they Baker Acted? Was it during the litigation? 
• Did they threaten suicide in front of the children? 

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 does not form an attorney client privilege.