Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Obtaining a psychological evaluation in a Florida family law case requires a showing that the mental condition of a party is in controversy and that there is good cause for the examination. This was an issue in the case Ruiz v. D’Arbelles, 3D25-2192 (Fla. 3d DCA February 11, 2026).
In this family law case which presumably involved child custody issues, the father filed a notice of a psychological evaluation of the mother on his counsel’s firm letterhead. The father never filed a motion for such an evaluation, and at a hearing at which only the argument of counsel was considered, the court ordered the evaluation to take place. The mother filed a petition for writ of certiorari with the appellate court.
The appellate court granted the writ and quashed the order for the evaluation, holding “No evidence was presented, no witnesses were called and no testimony was taken to establish that Ruiz’s mental condition was ‘in controversy’ and that ‘good cause’ existed for ordering her to undergo a psychological evaluation. By failing to follow the requirements of Rule 12.360, the trial court departed from the essential requirements of the law resulting in irreparable harm that cannot be remedied on appeal.”
This article is not legal advice; schedule a meeting with a Miami family law attorney for advice specific to your case.