Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a court order a psychological evaluation of parents in a Florida child custody case? Yes, if certain conditions are met. The party requesting that a psychological evaluation take place has the burden of showing that the mental condition of a parent is in controversy and that good cause exists for the examination. This was an issue in the case Pearson v. Pearson, 3D21-1786 (Fla 3d DCA December 1, 2021).
In this case, the father sought appellate review of an order compelling the parents in the case to undergo psychological evaluations. The appellate court noted “Here, the record before this Court does not contain any pleadings specifically alleging that the parties’ mental condition was in controversy, and there is also no transcript of the hearing at which the trial court ordered the parties to submit to psychological evaluations.” The appellate court therefore quashed the order and stated the ruling should not be ruled as prohibiting the future order of an evaluation if the legal requirements for the same are met.
Schedule your consultation with a Miami child custody lawyer to understand how the law may apply to your case.