Sometimes you need to protect yourself – and your children – through requesting a court-ordered psychological evaluation for your spouse. Asking the court for help is possible but requires some work on the front end. Read below on the varied opinions of different Florida courts and what you can do to get the best outcome possible.
In Florida family law, courts have two main ways in which they can compel a psychological evaluation: a social investigation pursuant to Fla. Stat. § 61.20, or a civil procedure request pursuant to Fla. R. Civ. P. 1.360 and its corresponding Family Law Rule 12.360.
Parenting dispute in general
When there is a parenting dispute, or trouble establishing a parenting plan, Florida Statute 61.20 allows the court to order a social investigation and study to cover all “pertinent details” for all family members who are involved. The investigation is conducted by a court staff member or by the Department of Children and Families.
Two hurdles: “good cause” and “in controversy”
If there is a psychological condition that is the subject of competency or ability to care for children, Florida courts look to the Florida Rules of Civil Procedure 1.360 and the companion Family Law Rule 12.360, which allows an examination when the condition is in controversy. There must be a showing of good cause in order for a court to order this exam, and the burden is on the party who requests it. The concept of a “showing” has been debated and is not clearly defined.
Courts have defined “good cause” as evidence that the parent has been unable to meet the needs of the child. According to the First DCA in S.N. v. State Dep’t of Health & Rehab. Servs. , “This finding may be based on the parent’s past conduct or behavior regarding the child, or on information developed through interview of the parent by a skilled person which indicates a need for psychiatric or psychological evaluation of the parent to assist in training the parent to meet the child’s special needs.”
Do you need an evidentiary hearing?
For example, in Pariser v. Pariser , a Florida case out of the Fourth District Court of Appeal (DCA), the court held that a judge does not necessarily need to have an evidentiary hearing in order to find that showing of “good cause.” However, some other appellate courts have been critical of the lack of written findings. In Wade v. Wade, a Florida case out of the Third DCA, the court did not find that the judge’s written order adequately addressed whether the mental condition was even in controversy.
It’s pragmatic to ensure you are armed with everything you’ll need in order to succeed, so it’s likely your attorney will advise you to go through with a hearing. It is not necessary, though extremely helpful, to have an expert witness who can testify on your behalf as well. Remember, the burden of proof is on the person requesting the evaluation.
Is mental competency always in controversy?
It is certainly an argument worth making. In Gordon v. Smith, the Fourth DCA held that granting or denying the order is a discretionary act and, although the requesting party had an expert who testified, aside from that testimony, the court has the independent authorization in the statute 61.13(3) when in a child custody proceeding.
Florida Statute 61.13(3) outlines the factors a court may consider, which includes the psychological conditions of the parents and the child(ren). Because they are considered directly relevant in child custody cases by virtue of this statute, the trial court is empowered to order psychological evaluations.
What are examples of courts approving exams?
There are a few other cases in Florida jurisprudence that outline some of the ways in which the court deemed a psychological evaluation necessary in a child custody case.
Gordon v. Smith, 615 So. 2d 843 (Fla. 4th DCA 1993), where the Fourth DCA held that a mother’s accusation of sexual abuse was a foundation for a psychological examination of both parents as well as the child.
J.P. v. Dep’t of Children & Families, 855 So. 2d 175 (Fla. 1st DCA 2003), where the First DCA held that the trial court was within its legal authority when ordering a psychological examination for the father since there was evidence he had participated in domestic violence and had a criminal history with violent incidents.
Bailey v. Bailey, 176 So. 3d 344 (Fla. 4th DCA 2015), where the Fourth DCA held that a Baker Act with a resulting involuntary hospitalization demonstrated good cause that his mental condition was in controversy and a psychological evaluation was warranted.
If you believe that you, your spouse, or your children might need a psychological evaluation in order for the court to safely and judicially order a parenting plan with regard to your divorce proceeding, you should discuss this with an attorney who can help you navigate the complexities of the court and assist you with your family’s needs.