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Could a Psychological Evaluation Impact Child Custody

On Behalf of | Nov 14, 2019 | Child Custody and Visitation

How could a psychological evaluation impact child custody and parenting time decisions in a North County or Carlsbad divorce?  Recent studies show 20% of adults in the US are affected by a mental condition requiring medication and in some cases ongoing therapy.  If you are concerned about the fitness of a former spouse as a co-parent it is possible to ask for a psychological evaluation regarding that individual’s fitness to have physical custody of a child.

Here in California, “the best interest of the child” is the high legal standard which guides all decisions regarding child custody and parenting time issues.  The psychological state of the parents can absolutely have an impact on their fitness for parenting during and after a divorce.

A judge has the authority to order psychological testing when they believe it to be warranted.  This often occurs when a known diagnosed condition exists, or when there are patterns of drug or alcohol dependence or abuse, questionable parenting decisions and actions or allegations of child abuse or domestic violence.

How could an expert’s psychological evaluation impact child custody in your case?  The results of the testing guide the judge in subsequent decisions regarding child custody and parenting time.  The presence of a mental health or psychological issue does not require the judge to limit, revoke or deny custody.  However, many people who have been diagnosed with mental health issues lead normal, productive lives and serve as excellent parents for their children.

Are you concerned about the stability or fitness of a former spouse to co-parent?  The Certified Family Law Specialists at Burke & Domercq have decades of experience in these cases.  We help to protect the best interest of all children and ensure a safe environment for all.   We invite you to review the recommendations of our clients and the legal industry and contact us or call 760-389-3927 to schedule an appointment with one of our Carlsbad Encinitas and Oceanside divorce attorneys.