If you are divorcing in the Orlando area and are concerned that your spouse’s mental health may affect your children’s safety or well-being, you can ask the court to consider those concerns when deciding parenting issues. A diagnosis alone does not determine the outcome; the key question is how a parent’s condition, behavior, or treatment affects the children.
How Mental Health Can Affect Parenting Decisions
Florida courts decide parental responsibility and time-sharing based on the child’s best interests. The factors in Florida Statute 61.13(3) guide that decision. If a parent’s mental health affects their ability to provide safe, consistent care, evidence of that impact may matter. The court looks at the particular facts, not merely a label or diagnosis.
Options You Can Ask the Court to Consider
These are a few options you can ask the court to consider to help you make your case:
- Psychological evaluation: A court-ordered evaluation of a parent may help address mental-health concerns relevant to parenting. If the other parent does not agree, you generally must request an order and meet the applicable legal requirements.
- Social investigation: Under Florida Statute 61.20, the court may order an investigation and report concerning parenting issues. Depending on the order and circumstances, an investigator may speak with parents, children, teachers, treatment providers, or other relevant people and make recommendations about the child’s best interests.
- Guardian ad litem: You may ask the court to appoint a guardian ad litem to investigate and advocate for the child’s best interests. This role is distinct from a psychological evaluator’s.
These options serve different purposes, may involve significant expense, and are not automatically granted. Consider with a Florida family law attorney which request fits the facts of your case.
How To Request an Evaluation or Investigation
If your spouse will not agree, you can file a motion asking the court to appoint a guardian ad litem, order a social investigation, or require a psychological evaluation. Identify what you are requesting and explain why it is relevant to the children’s best interests. The standards and procedures differ for each request.
For a compelled psychological evaluation, you generally must show that the person’s mental condition is genuinely in controversy and that there is good cause for the examination. Specific, fact-based allegations and any required sworn or verified filings are more useful than broad assertions that a spouse has a mental illness. Explain the connection between the concern and the parent’s ability to care for the children, including any concrete risk to their physical or emotional well-being.
What information may help support your concerns?
Focus on lawfully obtained information and observable effects on parenting. Depending on the circumstances, relevant questions may include:
- What specific incidents have affected the children’s safety, daily care, or emotional well-being? When did they occur, and who witnessed them?
- Has your spouse voluntarily shared treatment records, a diagnosis, a prognosis, or a treatment plan? Are there relevant records of a Baker Act examination, hospitalization, or a suicide attempt that can lawfully be presented?
- Is your spouse receiving psychological or psychiatric care? If treatment or prescribed medication is relevant, is there evidence of how following—or not following—the plan affects parenting?
Medical information is sensitive and may be protected. Do not assume you can access a spouse’s private records without consent or legal process. An attorney can help you assess what evidence is available, how to present it, and whether an evaluation, social investigation, or guardian ad litem is appropriate.
Please note: if a child faces an immediate threat, seek prompt help through appropriate emergency or legal channels.
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.
This article is for informational purposes only and does not form an attorney client privilege.