Psychological Evaluations and Divorce Litigation

 Posted on February 07,2024 in Child Custody

One of the most difficult parts of a typical divorce involving parents is the custody arrangement. If both parents want to have the most time possible with their children and they also both recognize each other’s parental merits, trying to figure this out can be extremely challenging. When one parent believes the other is unfit to care for their children, it makes the process even more complicated. Sometimes, courts will use psychological evaluations to determine whether parents can provide their children with a safe and stable environment. If you are concerned about your spouse’s mental health, speak with a knowledgeable Kane County, IL divorce lawyer to see whether a psychological evaluation might make sense for your divorce case.

How Do Psychological Evaluations Work?

When parents going through a divorce need to work out a custody agreement but there are questions regarding the mental health and stability of at least one of the parents, the court might decide that a psychological evaluation is necessary to help determine whether the child will be safe and their best interests can be protected. A qualified and authorized mental health professional will be asked to conduct tests and share their observations with the court. This person will take into account any issues of substance abuse or mental health that could affect a parent’s ability to raise their child in a healthy manner and provide them with a safe environment. The person conducting the evaluation will also interview people relevant to the case, including:

• The spouses
• The child
• Relatives
• Neighbors
• Other adults in the child’s life (teacher, pediatrician, school nurse, guidance counselor, tutor, etc.)

Once this mental health professional has finished speaking to everyone they want to and has completed all their tests, they will summarize their observations, which may then be used in court in attempting to figure out how parental responsibilities should be divided, keeping in mind what would be in the child’s best interests. These observations are not the only factor taken into consideration in dividing parental responsibilities, but they certainly hold weight.

Schedule a Free Consultation with a St. Charles, IL Child Custody Lawyer

If your spouse’s mental capacity is under question as you attempt to divide parental responsibilities during divorce proceedings, it can be extremely valuable to speak with a compassionate Kane County, IL divorce attorney. At Goostree Law Group, we understand what an emotionally trying time this can be and we will advocate passionately for your rights. Please call 630-584-4800 to schedule a free consultation.