The Role of Mental Health Evaluations in Custody Disputes

In high-conflict custody cases or divorces, the court’s main concern is the well-being of the child. In order to determine how important matters like visitations and custody are allotted, the courts may evaluate the mental health of one or both parents to ensure that they can provide a stable, nurturing environment.

Mental health evaluations (also known as psychological evaluations) play a crucial role in custody disputes. They can provide the court with an objective assessment of a parent’s psychological state and their ability to care for their child. Understanding how these evaluations work and why they are sometimes required can help parents navigate this challenging aspect of family law.

What Happens During a Psychological Evaluation?

A licensed mental health professional assesses the mental well-being of one or both parents during a psychological evaluation in a custody dispute. The aim is to determine how the findings of the psychological evaluation may affect the parent’s ability to care for their child.

The evaluation process typically involves a series of interviews, questionnaires, and sometimes psychological testing. The mental health professional assesses the parent by questions about these and other topics:

• Parenting style and skills: Evaluators look at how the parent disciplines, communicates with, and cares for their child to ensure they can meet the child’s needs effectively.
• Substance Use: The evaluator may ask about any past or current use of drugs or alcohol and whether it has impacted the parent’s ability to provide a safe environment for their child.
• Mental health treatment history: Any previous or ongoing mental health treatments, therapy, or medications are discussed to evaluate how the parent manages their mental well-being.
• Coping mechanisms: The evaluator assesses how the parent handles stress, conflict, and difficult situations, particularly in relation to parenting and co-parenting.
• The parent’s personal history: Understanding the parent’s personal journey can help them contextualize the findings. History could involve questions about the parent’s childhood and past episodes of depression or anxiety.
• Relationships: It may be important for the mental health professional to assess the parent’s relationship with other members of the family to see how the parent views close family members and how they believe they are viewed in return.
• Work-life: Work is an important part of many adults’ lives, and understanding the dynamics of work and how well the parent gets along with other co-workers can become an important part of the evaluation process.
• Current emotional state: The evaluator may ask the parent how they currently feel and what their moods are generally like.

The assessment may also gather information on parenting skills, communication styles, and the parent’s ability to manage stress, conflict, and daily responsibilities. Beyond speaking to one or both parents, the evaluator may interview other people who are relevant to the case, including the child’s teachers, family members, or healthcare providers. This can help the evaluator get a more comprehensive understanding of the parent’s mental state and health.

How Might a Psychological Evaluation Affect My Child Custody Case?

Around 32% of Californians have reported experiencing feelings of depression or anxiety within the past year. The courts do not view mental health conditions as a sign that someone is a potentially bad parent or a danger to their children. Millions of parents live with a mental health disorder and parent perfectly well.

The psychological evaluation results are one part of the many considerations that the court may take under advisement. A psychological evaluation may present problems for your case if the parent has problems managing their emotions or if their mental health disorder prevents the parent from maintaining a stable environment for their child.

Another issue may be any situation where the parent has trouble engaging with their child due to their mental health affliction. Parents who are aware of their mental health state and proactive in finding healthy coping mechanisms and support networks should not worry about the findings of their psychological evaluation.

Parents who have serious substance abuse problems may be found to be less suited to provide a safe and nurturing environment for their child, especially if the substance abuse affects their judgment, reliability, or ability to fulfill parenting responsibilities.

The court will closely examine these factors to determine the right arrangement for the child’s well-being. Each case is unique, and the courts are tasked with considering a wide range of factors in addition to the results of a psychological evaluation when making determinations on child custody and other matters related to a child custody evaluation.

FAQs

Q: Can I Be Forced to Take a Psychological Evaluation?

A: A psychological evaluation is generally not something that can be unilaterally imposed on you, but refusing to comply with the process when a judge deems it to be important could jeopardize your case. Not taking a mental health evaluation could be seen as an attempt on your part to hide something. Your lawyer should be your trusted source of advice on these and other matters.

Q: Are Some Mental Health Conditions Viewed Differently Than Others in Family Court?

A: Certain findings may be flagged more commonly than others. Having periodic feelings of stress or anxiety is not that unusual by itself. If you are found to have anger issues or a desire to manipulate or control others, that could be seen as something for the courts to take note of.

Q: How Do I Prepare for a Mental Health Evaluation?

A: You do not need to prepare for a mental health evaluation. In fact, trying to trick the test administrator may work against you. The test is designed, in part, to identify people who try to manipulate or mislead others. Be open and honest with your answers. If you need to, you can try breathing exercises or other calming activities before your evaluation so you are relaxed throughout the process.

Q: Can a Psychological Evaluation in Court Diagnose My Mental Health Condition?

A: A psychological evaluation through family court cannot diagnose any medical or mental health condition. That can only be done by your physician or a psychologist or psychiatrist who has extensive knowledge of your history. The purpose of a court-ordered evaluation is simply to document certain behavior traits that may be considered along with other factors.

Schedule Your Family Court Consultation Today

A psychological evaluation is just one of many factors that a court may consider as part of a child custody evaluation. By being cooperative, honest, and forthright, you can show the courts that you are placing the interests of your child above your own. Having an experienced attorney can prevent opposing counsel from misusing any mental health evaluation findings to damage your case.

At Bickford Blado & Botros, we have helped many parents navigate the child custody evaluation process with favorable outcomes. We will work to protect your rights along the way. To schedule your consultation, contact our office today.

 

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