Psychological Evaluations and Their Effect on Child Custody

How do you prove mental illness in family court? In Massachusetts, often during child custody disputes, the opposing side will ask the court to order a psychological evaluation of the other party. The opposing side cannot force you to undergo this evaluation but if the court orders you to undergo the evaluation, then you must do so.

What is a Psychological Evaluation in Custody Cases?

The Probate and Family Court has the power to order a mental health evaluation of an individual under Massachusetts Domestic Relations Procedure Rule 35. If ordered, the judge will specify the time, place, conditions and scope of the examination. Often times the order will also identify a physician, mental health professional or facility that the evaluation will be performed at.

Cost of a Psychological Evaluation:

The cost of a psychological evaluation ranges from several hundred to several thousand dollars. This range depends on the complexity of the case, the order from the court and whether insurance will cover any of the costs of the evaluation.

What is the Goal of a Psychological Evaluation in Custody Cases?

There are multiple goals that a psychological evaluation may have, such as identifying substance abuse issues, mental health issues, sexual abuse, child neglect, child abuse, abusive behavior, behaviors that put the child in danger and identifying the parental fitness of an individual. The individual undergoing the evaluation will be asked a variety of questions, including but not limited to their family’s mental health history, behaviors, their childhood, trauma, losses in their life, mental health history, therapeutic history, medications, substance abuse issues, their emotions and their overall emotional responses, and general health history. 

The main goal of the evaluation is to determine if the individual has any mental health disorders that would put the child at risk of harm and provide that expert opinion to the court.

What to Expect at the Evaluation:

1.     Interviews. There will be in-dept interviews between the evaluators and evaluates regarding their personal history, mental health, symptoms they have, medical history and relevant legal issues.

2.     Psychological Testing. Testing that assesses the individual’s cognitive and emotional functioning.

3.     Medical Records Review. An assessment of the individual’s medical history, including past treatments, diagnoses and hospitalization.

4.     Mental Health Records Review. An assessment of an individual’s mental health history, including past treatments, diagnoses, hospitalization and medications.

5.     Observations. The evaluator may ask to observe the parent interacting with their child to assess their parenting skills and whether they can foster a nurturing environment for the child. 

6.     Diagnosis. The evaluator will provide their opinion if there is a mental health disorder.

7.     Treatment Recommendations. The evaluator will provide their recommendations regarding what the individual should do as treatment.

8.     Court Report. The findings and recommendations of the evaluator are complied into a formal report that is submitted to the court. The judge and parties use the report to make decisions regarding the ongoing case.

 How Long Does an Evaluation Take?

The duration of the evaluation process varies depending on the complexity of the case, the court order requirements and the testing involved.

Impact of the Evaluation Report:

The findings of the evaluation and the evaluator’s report can significantly impact the case and custody decisions. This impact could negatively impact the custody decision if the evaluator found that the parent’s mental health condition or diagnoses could negatively impact the child’s well-being. This impact could also positively impact the custody decision if the evaluator found that the parent’s mental health status or diagnoses does not negatively impact the child’s well-being.

The primary purpose of the evaluation is to inform the court about an individual’s mental state and other relevant information. The findings of the evaluation and the testing of the evaluation are not confidential and will be shared with the court. In certain cases, parts of the evaluation may also be disclosed to other parties and their attorneys involved in the case.

When Should I Request a Psychological Evaluation?

If you believe that the other party is unfit to parent do to their mental health condition or diagnoses, you can petition the court for a psychological evaluation. In Massachusetts, a court ordered psychological evaluation requires a showing of good cause and a determination that the individual’s mental condition is in controversy and posing a risk to the child. 

·       What is good cause?

o   Good cause is a compelling reason to believe that the mental health of a party is relevant to the case and warrants an examination.

·       When is a mental condition in controversy?

o   This occurs when the mental health of the party is a central issue of the case, such as whether it would impact custody, visitation or other matters regarding the child.

I’ve Petitioned the Court for a Psychological Evaluation, Now What?

If you have petitioned the court for a psychological evaluation, you must give the other party notice. There will be a hearing scheduled to have the petition for the psychological evaluation heard before the court. At this hearing the opposing party will have the opportunity to oppose the petition for a psychological evaluation and present their case on why it is not warranted in this matter. Ultimately, the judge will make the decision on whether to issue a psychological evaluation or not.