Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a social investigation in a Florida child custody case? According to the Florida Statutes, “In any action where the parenting plan is at issue because the parents are unable to agree, the court may order a social investigation and study concerning all pertinent details relating to the child and each parent when such an investigation has not been done and the study therefrom provided to the court by the parties or when the court determines that the investigation and study that have been done are insufficient. [. . .] A social investigation and study, when ordered by the court, shall be conducted by qualified staff of the court; a child-placing agency licensed pursuant to s. 409.175; a psychologist licensed pursuant to chapter 490; or a clinical social worker, marriage and family therapist, or mental health counselor licensed pursuant to chapter 491.” See Fla. Stat. Chp. 61.20.
In the case Crane v. Crane, 3D22-1673 (Fla. 3d DCA January 11, 2023), the parties filed competing petitions for modification of their parenting plan. A guardian ad litem was appointed who recommended that both parents undergo a psychological evaluation. The mother opposed the evaluation. The father filed a motion to compel a social investigation and noticed a hearing on it two days before the hearing date. The mother objected that she did not have enough notice that the social investigation would be an issue at the hearing, and she argued there was an insufficient basis for a psychological evaluation because her mental health had not been placed in controversy and there was no showing of good cause. The court relied on the testimony of the guardian ad litem in ordering the psychological evaluations and the social investigation. The mother filed a writ of certiorari to quash these orders.
The appellate court considered the mother’s writ regarding the psychological evaluation and denied the same, holding “To obtain certiorari relief, though, the petitioner must establish that, in ordering the evaluation, the trial court departed from the essential requirements of law. Ludwigsen v. Ludwigsen, 313 So. 3d 709, 712 (Fla. 2d DCA 2020). In this case, the Mother has not made the required showing. In the Order, the trial court made sufficient findings, consistent with rule 12.360, that the Mother’s mental health was in controversy and that good cause existed for a psychological evaluation. Wade v. Wade, 124 So. 3d 369, 375- 76 (Fla. 3d DCA 2013). These findings are supported by the testimony of the Guardian ad Litem which constitutes competent, substantial evidence. [internal citation omitted]. We therefore deny the Mother’s petition to the extent that it challenges the Order requiring the Mother to undergo a psychological evaluation.”
Next, considering the mother’s objection to the social investigation based insufficient notice, the court dismissed her petition, holding “We have been provided no legal authority, however, that suggests a trial court must provide any notice to the parties prior to ordering a social investigation pursuant to section 61.20.2 Indeed, Florida Family Law Rule of Procedure 12.364(b) expressly authorizes the trial court to order such an investigation on its own motion in any family law case (such as this one) ‘where the parenting plan is at issue because the parents are unable to agree. . . .’ § 61.20(1), Fla. Stat. (2022). The Father’s motion on two days’ notice asking the trial court to order a social investigation therefore does not in itself implicate a due process concern. The Mother otherwise has not made a showing of how she was irreparably harmed simply by the trial court’s ordering a social investigation in this case. Without any showing of irreparable harm, we are compelled to dismiss, for lack of jurisdiction, the Mother’s petition challenging the portion of the Order that orders a social investigation.”
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