Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Requesting a psychological evaluation of a parent in a Florida child custody case implicates constitutional privacy concerns. This is why Florida law requires that certain steps and analysis take place before a court can compel a parent to undergo psychological testing. The case Ludwigsen v. Ludwigsen, 2D20-1228 (Fla. 2d DCA December 2, 2020), highlights some of the issues for a court to consider in ordering a parent to be evaluated.
During a time-sharing exchange, the police were called and the officer who responded testified the father was experiencing mental health issues which included anxiety and an inability to communicate. The officer did not deem it safe for the father to take the minor child with him. The mother testified she was told by the officer that she should not leave the child alone with the father. Based on this incident, the mother filed a motion to have the father psychologically evaluated, and after an evidentiary hearing, the motion was granted. The father appealed via a petition for writ of certiorari.
One of the father’s arguments centered around the fact that the mother’s motion did not contain verified allegations, and the trial court did not make specific findings that his mental health was in controversy or that there was sufficient good cause to compel an evaluation. The appellate court disagreed, holding “However, this is not a situation where the trial court entered an order without making any findings. [internal citation omitted]. Rather, the trial court made factual findings in the order by incorporating the testimony of the law enforcement officer who arrived and assisted during the precipitating incident as well as the testimony of the father himself. And when reviewing orders compelling psychological examinations, this court and others have looked to both the record and factual findings made in the order under review to determine whether the ‘in controversy’ and ‘good cause’ requirements have been established. [internal citations omitted]. We conclude that based on the allegations made in the mother's motion—which was largely predicated on the November 2019 incident—and on the factual findings contained in the trial court's order, the trial court did not depart from the essential requirements of the law when it ordered the father to submit to a psychological examination.”
The appellate court did agree with one of the father’s arguments that required reversal of the order - specifically that the trial court failed to specify the scope, manner, time and place of the evaluation. The appellate court held “While it appears that the trial court at first attempted to narrow the scope to issues related to the incident that precipitated the mother's motion, the ultimate broadness of the order results in an open-ended directive. The order fails to specify the type of test, the length of the testing, or even whether such testing is limited to routine psychological methods. Further, the order directed the evaluator to examine whether the father can perform general activities of daily life which may not even be related to his ability to care for the child.”
If you need a psychological evaluation performed in your Florida family law case, consult with a Miami family law attorney to determine the chances of one being ordered.