Posted by Nydia Streets of Streets Law in Florida Child Custody

Ordering a mental health evaluation in a Florida child custody case requires more than a feeling or belief that a parent is “crazy”. The mental health of the parent must first be “in controversy” as defined by Florida case law. If the matter is in controversy, good cause must exist for the evaluation to take place. In the appellate case Reno v. Reno, 1D19-1281 (Fla. 1st DCA October 3, 2019), a former wife appealed a court’s order to have her psychologically evaluated because of the former husband’s allegations that she was falsely reporting him for abusing their child.

The parties were involved in very contentious child custody proceeding. The former wife’s multiple allegations of child abuse repeatedly involved the Department of Children and Families in the parties’ lives. On one such occasion, when the parties’ child was returned to his maternal grandmother after timesharing with the father, the maternal grandmother inspected the child’s private parts and determined there was bruising and trauma to the child’s anus. She then brought the child to neighbors to inspect the child and DCF was contacted. The child was brought to an emergency room where he was examined and ultimately it was determined that no abuse took place.

The former husband then filed a motion to have the former wife undergo a psychological evaluation, arguing the former wife unreasonably believed he was abusing the children and as a result she was having them undergo unnecessary testing that caused them emotional distress. The motion was granted, and the former wife appealed.

The appellate court vacated the order, holding it did not meet the “in controversy” requirement and no good cause existed for the examination. The court held “In the case at bar, the trial court, at the conclusion of the hearing, orally found the Former Wife's mental health to be ‘in controversy,’ with little elaboration other than it was ‘relevant to the parenting and contact with the children.’ But as Oldham held, "'mere relevance to the case'" is not sufficient.” The court also noted that the former husband and the court continued to allow the former wife to have unsupervised visits despite his serious allegations. Last, the court held “Below, the trial court expressed concern over the claimed ‘emotional harm’ suffered by the children while being examined ‘in the most personal way by strangers,’ and believed this fact was ‘lost’ on the Former Wife. But there was absolutely no quantitative proof that the youngest child, A.—who truly was caught in the middle of this difficult mess—was suffering emotionally, much less suffering abuse, abandonment, or neglect. Furthermore, the Former Wife did not testify at the hearing, and there was no other evidence to support the trial court's perception that the supposed emotional repercussions on the children were ‘lost’ on her.”

Psychological evaluations are important matters which should be reviewed with care in your Florida family law case. Schedule a consultation with a Miami child custody lawyer if one is at issue in your case.