Legal Question in Family Law in Florida

what would be the cause for a psycological evaluation on a mother of three that has bipolar and the father of the children is saying that i am not mentaly capablie to take care of the children.. would he have to have proof and hard evedince to present to the judge before she ruled on the evaluation or could she just ask for one because of his acusations


Asked on 1/04/11, 1:14 pm

1 Answer from Attorneys

Tracy Newmark The Newmark Law Firm, PA

The judge will have to have an evidentiary hearing to determine that the issues in the case appropriately raise the mental state of the bipolar parent in support an order requiring a psychological evaluation of that parent. If there is an admission of the diagnosis and a showing that medication and treatment is being fully complied with then it is not likely that the Judge will order the psychological evaluation, unless there has been actual harm to the children.

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Answered on 1/10/11, 8:30 pm


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