Will Obtaining Custody Be More Difficult if the Court Orders A Mental Evaluation? Court of Michigan

Oftentimes, people are hesitant to get a psychological assessment because they’re worried that will obstruct their progress in obtaining custody. The truth is, it is not the assessment that obstructs one’s capacity to obtain custody. The findings through the assessments are what matters. If a person is mentally ill or unstable, The fact that somebody asks one or both parties to submit to any kind of evaluation means they will lose custody. Courts make custody decisions based on what is best for the child in any given situation. The psychological well-being of the parents is one component of this. It is not recommended for a child to stay with a parent who is mentally incapable of caring for them. This is why obtaining custody will be more difficult if the court orders a mental evaluation since the court assures that the child’s security is in good hands. 

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What is the purpose of a psychological evaluation?

You can request a psychological evaluation from the court if you have serious concerns about your former partner’s mental health. This request will be granted or denied at the judge’s discretion. If you request a psychological evaluation for your former partner, be aware that you may be assessed as well. If one parent’s mental health is in question, it is common to examine both of them. As they say that obtaining custody will be more difficult if the court orders a mental evaluation, a mediator can ask for an evaluation of one or both parents if you’re going through divorce arbitration. If the judge believes the case warrants it, he or she can order a court-ordered mental health evaluation.

How to determine if the parents are unfit?

The legal definition of an unfit parent is a parent who fails to offer sufficient direction, care, or support due to their actions. In addition, if the parent has a history of abuse, neglect, or substance misuse, they will be ruled unfit. From this behavior, obtaining custody will be more difficult if the court orders a mental evaluation since the process will begin once the evaluation is completed, the evaluator will provide their findings to both parties as well as the court. This happens before the custody hearing. The report will be the basis for making a final custody determination. In any crucial section, there is a need to assist the judge in determining whether either parent poses a risk to the child.

Goldman and Associates Law Firm in Metro Detroit, Michigan, is one of the legal services that may assist you with these legal issues. Family lawyers have a distinct advantage in terms of experience and competence. If you happen to ask if obtaining custody is more difficult if the court orders a mental evaluation, contact one of our experienced, skilled, and knowledgeable attorneys for a free, confidential consultation. You can schedule a meeting with us.