When beginning family law proceedings, attorneys often ask about any documented psychiatric history of the involved parties. Even if there is no prior psychiatric treatment, conditions that have not been diagnosed may still influence a court’s decision regarding an appropriate parenting plan for a child in a divorce case.
Legal Framework for Evaluations
According to General Statutes §§ 46b-3 and 46b-6, the Superior Court has the authority to require psychiatric or psychological evaluations of the parties and the child for a fair resolution of a family matter, including custody modifications, to determine the child’s best interests. C.G.S. § 46b-6 states that the court has the discretion to conduct an investigation into any relevant circumstances that may aid in resolving the case. This could involve examining various factors such as parental environment, age, habits, and history, as well as evaluating the mental or physical health of any child, parent, or guardian involved.
In dissolution of marriage, legal separation, or annulment cases, the investigation might also consider the parties' age, habits, history, the reasons for marital discord, and financial ability to support a spouse or children. General Statutes § 46b-3 allows the judge in family relations matters to engage psychologists, psychiatrists, or family counselors for these evaluations.
Considerations in Custody Disputes
It is important for parents to understand that simply disputing custody does not automatically place their mental health at issue in a way that mandates psychological evaluations. Although no specific Supreme Court ruling addresses this directly, courts generally consider a wide range of issues in custody determinations. Rather than focusing solely on one aspect like a parent’s mental health, the conduct of the parties, and their active role in the child’s life, emerges as a crucial factor in the court’s assessment.
Contact Us
If you have any questions about the use of psychological evaluations in child custody and visitation disputes, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
