Psychological Evaluations in Divorce

Psychological Evaluations in Dissolution and Custody Matters

Divorce and custody battles sometimes call for one or both spouses to take a psychological test. Courts rely on these tests a lot, especially when deciding who gets custody or how parenting time is split. Emotional health, mental toughness, and being a good parent can weigh heavy in the court’s choice. Knowing when and why these evaluations happen can help anyone going through the messy business of divorce understand what’s really at stake. Keep reading to uncover how this process can sway decisions and why it matters more than it seems.

At Stange Law Firm, PC, our practice is devoted exclusively to family law. Our attorneys have extensive experience navigating complex domestic relations matters, including cases in which psychological evaluations are requested or required. Whether you are the party undergoing an evaluation or the party requesting one, we stand by your side to ensure that your rights and interests are protected at every stage.

When Is a Psychological Evaluation Necessary?

Courts may order a psychological evaluation—or permit parties to request one—under a variety of circumstances. These evaluations often become necessary when questions arise about a parent’s emotional, mental, or behavioral health and how it may affect their ability to care for a child.

Common reasons for a psychological evaluation include:

1. Allegations of Physical or Sexual Abuse

When accusations of abuse arise, the court must take every possible step to ensure the safety of the child. A psychological evaluation can help assess whether a parent poses a risk or whether the allegations are consistent with the parent’s functioning and behavior.

2. Concerns About Mental Health

If one party raises concerns about the other’s mental health—such as depression, anxiety, personality disorders, or other conditions—the court may require an evaluation to determine whether the condition affects parenting ability or decision-making.

3. Substance Abuse Issues

Evaluations may help determine whether substance use impairs judgment or creates an unsafe environment for the child.

4. High-Conflict Custody Disputes

In contentious cases, psychological evaluations can provide the court with impartial, clinical insight into family dynamics and the best interests of the child.

5. Questions of Parental Fitness

If a parent’s behavior is unstable, erratic, or questionable, an evaluation can help assess whether the parent is capable of meeting the child’s emotional, physical, and developmental needs.

How Psychological Evaluations Impact Your Case

Psychological evaluations can significantly influence the direction of a divorce or custody case. Depending on the findings, evaluations may:

Support or challenge allegations of abuse or neglect
Influence custody and parenting time recommendations
Affect decisions regarding supervised visitation
Shape settlement negotiations
Determine whether additional assessments or treatment are appropriate
Provide expert testimony for trial

Our attorneys will thoroughly review the results of any evaluation to determine how they may be used at trial, whether rebuttal experts should be consulted, and whether adjustments to your legal strategy are necessary. Because psychological evaluations carry substantial weight in court, it is essential to have counsel who understands how to interpret and respond to them.

Related Considerations: Therapy and Mental Health Records

Psychological evaluations often intersect with issues involving therapy records, privilege, and confidentiality. Mental health records can become a point of contention—especially when one parent seeks to introduce such records as evidence or when courts must decide whether privilege should be upheld or waived.

To learn more about how therapy privilege can affect evaluations and custody cases, you may find this article helpful: