Can I Insist on a Psychological Evaluation in My Illinois Divorce?

 Posted on September 17, 2024 in Child Custody

Custody battles can take a toll on a family. However, sometimes, one parent fights for as much time as possible because they truly believe the other parent cannot provide a safe and healthy environment. If your spouse has a history of mental illness, substance abuse, addiction, or some other issue preventing them from raising your child in a way that suits their best interests, speak with a dedicated Arlington Heights, IL divorce lawyer about requesting a court-ordered psychological evaluation.

How is a Psychological Evaluation Requested?

If there is any concern about a child being placed in a harmful situation with an unfit parent, a psychological evaluation can be ordered to help the court determine whether the concerns are valid. These evaluations can be requested in one of two ways:

• By a parent: Parents have the right to request an evaluation if they are concerned that the other parent poses a risk to the child because of their mental health issues. It is important to note that an evaluation is expensive, and the person requesting it generally needs to pay for it along with any wages the other parent lost, given the time spent being evaluated.
• By the court: If information that comes up during court proceedings leads to reasonable concerns about either parent’s mental health, the court can order an evaluation.

In either scenario, the court will select a mental health professional, generally a licensed psychologist, to conduct the evaluation and submit a report, which is entered into evidence.

How Does a Court-Ordered Psychological Evaluation Work?

The person appointed by the court to perform the evaluation generally gives the subject tests, conducts interviews, and prepares a report with their observations. The findings in the report are based on the person’s conduct, emotional capacity, and mental state. Any condition like depression, PTSD, anxiety, or addiction is considered in terms of how it can impact parenting abilities. The evaluator can also speak with the child as well as the parent’s relatives, neighbors, friends, colleagues, and anyone else who can help them get a thorough understanding of the person being evaluated.

The court will review the evaluation report to help determine whether the parent is fit to raise the child and how parental responsibilities and visitation should be divided. While a psychological evaluation is not the only factor that can sway a court against giving your spouse custody rights, it is considered heavily.

Contact an Arlington Heights, IL Child Custody Lawyer

If you are concerned that your child’s other parent is unfit to raise them, a qualified Arlington Heights, IL family law attorney can help you decide whether requesting a psychological evaluation is a good step to take. At A. Traub & Associates we are passionate about helping families and protecting the best interests of children involved in any case, and we will work tirelessly on your behalf. Call us at 847-749-4182 to schedule a private consultation.