If you are getting a divorce in Montgomery, Ohio, you may want to consider a psych evaluation for custody. Psychological assessments are quite common in family court when it comes to determining a spouse’s mental health and their ability to parent their child.
Do you have concerns about your spouse’s mental health or their ability to look after your child’s safety and well-being? If so, check out this article, where we will be discussing psychological evaluations for custody cases.
How to File a Motion For Psychological Evaluation in Montgomery
If you have any concerns about your spouse’s mental health and how this could impact their ability to parent your child, you may want to request a psych evaluation for custody. You can file a motion for an evaluation, presenting some form of evidence that this is necessary for the child’s well-being and safety. In most cases, the court will require a psychological evaluation of both parents so that a fair decision is rendered.
The court may also automatically order a psychological evaluation if there has been documented substance abuse or domestic violence or if the parent is moving the child out of state. Court ordered psychological evaluation for custody are also quite common if the child has special needs.
The court will usually require an evaluation to better determine which parent is more suitable for the child’s care. Otherwise, you will need to file a motion yourself, providing evidence to show that there is a legitimate need for an evaluation.
Psychological Evaluation Precautions
It is vital that you only file a motion for psychological evaluation if you truly believe there is a need for it. Some parents may do this as a way of trying to make the other spouse look bad during the divorce and custody proceedings. This can backfire if the other spouse is cleared during the psych evaluation as they can use this as a way of discrediting you.
The professional overseeing the evaluation will also look for a behavior called parental alienation, which is when one of the parents attempts to harm the other parent’s relationship with the child. If they find that the parent has been trying to alienate the child from their other parent through lies or manipulation, they may recommend sole custody or primary custody to the other spouse. Other things they will look for are signs that one of the parents has been coaching the child on what to say or how to behave during the evaluation.
Overall, it is critical to approach any psych evals in custody cases with caution and transparency. Only file a motion for an evaluation if you truly believe it is necessary, and be prepared if the court requires you to go through an evaluation as well. Before going forward with either of these steps, make sure you hire a child custody attorney to represent you and guide you through this process.
How Does a Psych Eval Work?
A psych evaluation for a custody case is conducted by a psychologist or psychiatrist through a clinical interview. The psychologist or psychiatrist may also perform an in-depth psychological test to identify any red flag issues that the parent may have. In some cases, the child may also be evaluated.
The evaluation will include looking into past mental health treatment, substance abuse, diagnosed mental health conditions, and the parent/child relationship. These are critical factors to consider when determining if the parent can provide a safe environment for the child as well as meeting their psychological needs..
The mental health professional may also access documents such as school files and police records as well as conduct interviews with people who are close to both parents and the child. In some instances, evaluation of each parent’s home may also be included in the evaluation to get a better picture of each parent’s ability to care for the well-being of the child.
Whether you are filing a motion for a psych eval or you are having to go through one yourself, you need to hire a Montgomery child custody attorney to represent you. An attorney can help you gather evidence to prove the necessity for a psych evaluation as well as instruct you on what to expect if you go through an evaluation yourself.
What Does a Psych Eval in a Custody Case Do?
The main purpose of family court psychological evaluations is to determine whether or not the parents pose a risk to the child’s safety or well-being. For instance, if it is discovered that one parent has mental health issues or a history of drug abuse, this could indicate that they are not a reliable guardian.
After the evaluation has been done, the psychiatrist or psychologist will create a report that gives their official custody recommendation. This report will usually include specific details about documents, interviews or psychological test results to back up their recommendation.
Psych evaluations can also be useful in custody cases involving special needs children as it helps to better determine the more qualified parent. One parent may not have the resources or the psychological ability to properly care for the child’s well-being, which can impact the ultimate custody arrangement.
Psych evaluations can also be incredibly useful if you need to prove that your spouse is an unsafe parent. This can be useful in cases of substance abuse or domestic violence where you believe your child would be at risk if left in the custody of your spouse.
Ultimately, a psychological evaluation for custody can impact whether the court orders shared custody or awards full custody to a single parent. It can also affect other custody agreements, such as the amount of custody each parent gets and whether or not it is supervised.
Contact a Family Law Attorney in Montgomery, OH
Do you want to file a motion for a custody psychological evaluation in your divorce case? Richard P. Arthur, Attorney at Law, can help you navigate the legalities of your divorce case, including requesting a psych eval for your spouse. Richard P. Arthur has handled hundreds of divorce cases in Montgomery, Ohio, and can help you determine your spouse’s ability to care for your child. Contact us today at 937-254-3738 for a consultation.