The Faulstich Law Firm P.C.
130 S. Bemiston
Suite 604
Clayton, MO 63105
(314) 260-7823
The Faulstich Law Firm P.C.
130 S. Bemiston
Suite 604
Clayton, MO 63105
(314) 260-7823
The Faulstich Law Firm. St. Louis Family Law Attorneys.
My Blog
Posted on June 24, 2016 at 3:52 PM |
In Divorce cases where children are involved it's sometimes
appropriate to ask for a Psychological Evaluation or a Child Custody
Evaluation. Generally these are not done in cases where children are not
involved. The reason for this is that generally there is a concern that a
parent may not have the psychological aptitude to nurture a child in a way that
is appropriate for the child. A generally conscientious parent without any
mental health history usually doesn't have to worry about this kind of testing.
If mental health has been an issue in the past though, the request for these
tests becomes more commonplace. A diagnosable mental health issue does not
preclude a parent necessarily from caring for a child however. Many parents who
suffer from depression or even bipolar or other mental illnesses can be fully
capable, affectionate parents and their custody rights absolutely do not need
to be curtailed in order to serve the best interests of the child. You will hear this phrase many times ("the best
interest of the child") because it is the standard by which the judge
ultimately rules on parenting issues. This is also the standard under which a
Guardian Ad Litem (an attorney appointed to represent the best interests of the
children) will make their recommendation, which holds a great deal of weight
with the court. In most of the cases you see where Psychological Evaluations or
Child Custody Evaluations are asked for, you will have a Guardian Ad Litem. The
issues and concerns that attend the appointment of a Guardian Ad Litem and
Psychological Evaluations or Child Custody Evaluations have a great deal of
overlap. Now, one thing to realize is that a Psychological Evaluation
and a Child Custody Evaluation are not the same. The children are not involved
in a Psychological Evaluation. The Psychological Evaluation is for the adults,
the parents. Generally, regardless of which parent is the parent of concern in
regards to mental health, both will be required to have a Psychological
Evaluation. There are exceptions to this rule, but not many. A Child Custody
Evaluation on the other hand can involve the children but many of the processes
are the same. It is less likely that a person would be diagnosed during a Child
Custody Evaluation than in a Psychological Evaluation however. Also, it is not
unusual to see both a Psychological Evaluation and a Child Custody Evaluation
to be ordered at the same time. Generally, parties consent to both have Psychological
Evaluations, but compelling a party to do so is also a possibility. If a party
can convince a judge that there is a good reason for the evaluation based on
past conduct, then the evaluation will be ordered and the other party will be
compelled to surrender to the evaluation. The reason most parties consent to
the evaluation however is to show that they have nothing to hide. Now if
neither party claims the other has any mental health issues, it is unlikely
that this would be ordered. The only situation in which this might happen is
when the Guardian Ad Litem has his or her own questions as to the state of the
parent's mental health and a Guardian Ad Litem is well within their power to
request this evaluation to be done. A judge will rarely say no to this
relatively neutral party. Lastly, one consideration about these types of evaluations
are the records that will be opened up and available for perusal of the
opposing party. Many judges will use the Guardian Ad Litem as a shield for the
full records involving a mental health history. The Guardian Ad Litem will have
access but no one else will until it becomes absolutely necessary, which in the
domestic field of law is usually right before a trial. An evaluator will
usually base their evaluation on whatever relevant materials they can find and
that most certainly includes prior medical records and history of mental
health. Therefore while the evaluation may be available as soon as it is
finished, the underlying documents that are a partial basis for that evaluation
may not be available until/if a trial marks the end of the case. In this way
the court attempts to protect litigants health information as much as possible,
but ultimately, once the evaluation is ordered, the opposing party can push the
case to Trial and expose these prior medical records. |
Categories: Custody
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