Posted by Nydia Streets of Streets Law in Florida Child Custody

Can the court require a parent to undergo a psychological evaluation in a Florida child custody case? Yes, if certain requirements are met. The parent’s mental condition must be in controversy and there must be good cause for the examination. A parent appealed the court’s order requiring him to undergo a psychological evaluation in the case Childs v. Cruz-Childs, 2D22-787 (Fla. 2d DCA December 28, 2022).

The parties were involved in a child custody dispute. The former wife requested a psychological evaluation of the former husband, and after a hearing the trial court found “the Former Husband’s mental health is at issue and that a mental health evaluation is appropriate.” The court also made “specific findings and found that the Former Husband’s mental health affects the parties’ child and the Former Husband’s parenting of the child.” The former husband filed a petition for writ of certiorari with the appellate court requesting that the order be quashed.

The appellate court found there was good cause for a psychological evaluation to be performed and upheld the court’s decision. However, it reversed where the order did not specify the place, manner and conditions under which the evaluation would be performed. The court held “Open-ended orders that fail to ‘provide specific directives regarding the psychological evaluation depart[] from the essential requirements of law.’” The court continued “Here, the order granting the Former Wife’s verified motion for psychological evaluation directs the parties to ‘attempt to agree to a psychological evaluator.’ The trial court noted that, should the parties be unable to agree, ‘each Party shall submit the names and background for 3 qualified candidates to the Court and the Court shall decide.’ Although the order specifies that the costs of the psychological evaluation should be equally divided between the parties, it is silent as to the time, place, manner, conditions, and scope of the psychological evaluation and fails to establish the person or persons by whom the interview is to be made.”

If you believe a psychological evaluation is needed in your Florida family law case or you are defending against a request for one, schedule a meeting with a Miami child custody lawyer to understand your rights and remedies.