How Are Psychological Evaluations Used in Illinois Child Custody Cases?

 Posted on August 30,2020 in Child Custody

When parents of a child get a divorce in Illinois, they are required to make certain custody decisions for their child. Before they can finalize their divorce, they must come to an agreement on their own or a decision will be made by a judge on issues such as parenting time and allocation of parental responsibilities. In most cases, the choices that are made during this period are long-term, life-altering choices that could come with unfavorable consequences. In some cases, concerns about a parent’s mental health may have been brought forward by the other parent or another individual involved or familiar with the case. In these situations, the parent whose mental health is in question will likely be required to undergo some sort of psychological test or mental health evaluation.

Determining the Need for an Evaluation

Not every child custody case will involve mental health evaluations. In cases in which the parents agree on parenting time and parental responsibilities, there is likely no need for a psychological evaluation. However, all decisions made pertaining to the child are based on the child’s best interests. If anyone has concerns about protecting the child’s physical, moral, emotional, or mental well-being, then they can ask the court to require the parent to submit to a psychological evaluation.

The evaluation is conducted by a licensed individual who specializes in mental illnesses or addiction issues, such as a social worker, psychologist, or psychiatrist, and typically involves an interview. During this meeting, the evaluator will ask the parent various questions about his or her prior mental health history and how he or she is currently feeling or thinking. The evaluator may also measure the parent’s cognitive ability and memory and observe the parent’s behavior. The results of this evaluation can be used in court to influence custody decisions 

Contact a Kendall County Illinois Divorce Attorney

Dealing with a spouse who has an addiction or mental illness can be extremely draining, especially during a divorce. At the Law Office of Matthew M. Williams, P.C., we can help you request a psychological evaluation for your child’s other parent if you are concerned about his or her role in your child’s life. Before you file your parenting plan, you should speak with our knowledgeable Yorkville child custody lawyers to ensure you have protected your child’s best interests. To discuss the details of your case, call our office today at 630-409-8184 to schedule a confidential consultation. 

Sources:

http://www.illinoiscourts.gov/SupremeCourt/Rules/Art_II/ArtII.htm#215

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000