How to Request a Psychological Evaluation in a Family Law Case

Posted On April 18, 2023 Custody,Family Law

In family law cases, issues related to child custody, visitation, and support can be highly contentious and emotionally charged. In some cases, it may be necessary to request a psychological evaluation to help the court make informed decisions that are in the best interest of the child or children involved.

What Is a Psychological Evaluation?

A psychological evaluation in a family law case is an assessment conducted by a licensed mental health professional that is used to evaluate the mental and emotional well-being of the parties involved in the case, including parents and children. During a psychological evaluation, the mental health professional will typically conduct interviews with each parent and the child or children involved in the case, as well as review relevant documents such as medical records and school reports. The evaluator may also administer psychological tests to assess cognitive and emotional functioning.

After the evaluation, the mental health professional will provide a written report summarizing their findings and recommendations for the court. The court may then use the information to make decisions related to child custody, visitation, and support.

Steps to Take for Requesting a Psychological Evaluation

First, discuss your concerns with your family law attorney. They can help you determine whether a psychological evaluation is necessary in your case and can guide you through requesting one. Your attorney can also help you select a qualified mental health professional to perform the evaluation and with experience working with family law cases. Here are the next steps:

File a Motion with the Court

To request a psychological evaluation, you will need to file a motion with the court. Your motion should include a clear and concise explanation of why you believe a psychological evaluation is necessary in your case, as well as a list of proposed evaluators. The motion should also explain how you believe the evaluation will help the court make informed decisions that are in the best interest of the child or children involved.

Serve the Motion on the Other Party

Once you have filed your motion, you must serve a copy of the motion to the other party. This can be done by mail or process server.

Attend the Hearing

The court will schedule a hearing to consider your request. There, you will have the opportunity to present your arguments in favor of the psychological evaluation, and the other party will have the chance to argue against it. The court will then decide whether to grant it.

Follow Through with the Evaluation

This may involve scheduling appointments with the evaluator, providing information about your mental health history and current emotional state, and participating in interviews and other assessments. It is critical to be honest and forthcoming to ensure the evaluation is accurate and helpful to the court.

What Will a Psychological Evaluation Determine?

The evaluation may focus on a range of issues, such as:

Parenting Capacity

Each parent’s ability to provide a safe and stable home environment for the child or children involved in the case. For example, meeting the child’s physical and emotional needs and providing appropriate guidance and discipline.

Mental Health

Each parent’s mental health, including any history of mental illness, substance abuse, or other issues that may affect their ability to parent effectively.

Child Development

The child’s developmental needs and how each parent is meeting those needs.

Family Dynamics

The evaluator may assess the interactions between each parent and the child or children involved in the case, and the relationship between the parents.

If you are considering requesting a psychological evaluation in your case, speak to a trusted Spokane family lawyer today. They can advise you and help you navigate the legal process.