By: Sodoma Law Raleigh Attorney Annelisse Velazquez
One of the most impactful—and most misunderstood—tools in a custody case is a motion for psychological evaluation. Because mental health can directly affect parenting capacity, North Carolina courts have the authority to order evaluations when a parent’s psychological condition is genuinely relevant to the child’s well-being.
Courts only grant these requests in very limited circumstances when mental health is genuinely relevant to the child’s safety, stability, or emotional development—not as a litigation tactic to intimidate. A psychological evaluation is not designed to embarrass or harass; it must be supported by specific facts showing that a parent’s condition may impact the child’s best interests.
When Are Evaluations Appropriate?
In practice, evaluations are most often considered when there are credible concerns about:
- Untreated mental illness
- Substance abuse affecting parenting
- Extreme emotional instability
- Behavior that significantly disrupts the child’s well-being
- Repeated false allegations or evidence of parental alienation
What Happens During an Evaluation?
When an evaluation is ordered, a licensed mental health professional is typically appointed. The process often includes:
- Individual interviews
- Standardized psychological testing
- Review of relevant records
- Observation of parent-child interactions
- Third party interviews
The evaluator then prepares a written report for the court. While the judge is not bound to follow the evaluator’s recommendations, this type of report can carry substantial influence.
The Risks and Rewards
Requesting a psychological evaluation requires careful consideration. If the motion is unsupported by meaningful evidence, it can damage the requesting party’s credibility and make the case appear unnecessarily combative. In addition, this type of evaluation is very time consuming and can be very expensive. On the other hand, failing to raise legitimate mental health concerns may leave serious issues unaddressed — and leave your child at risk. It is also important to note that requesting for the other parent to be evaluated may open you up to the Court ordering both parents be evaluated by the mental health professional in order to obtain a more complete and well-rounded evaluation.
Why This Matters
These motions sit at the intersection of law and human behavior. Custody determinations shape a child’s daily life, and courts approach mental health issues cautiously, balancing privacy concerns against the child’s best interest. If you believe your child’s other parent has untreated mental health issues that affect their parenting, documenting specific incidents is critical before filing. Understanding this legal tool—and when to use it—can make the difference between a successful custody arrangement and a costly mistake.
If you have questions about whether a psychological evaluation may be appropriate in your custody case, contact our office to discuss your specific situation.
