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Legislation/code for psych evals? Know of any?

Started by DecentDad, Dec 17, 2003, 04:05:55 PM

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DecentDad

Hi Soc,

I'm 2.5 years into an open paternity action.  Custody trial is in Feb 2004.

We're finally going through 730 evals (i.e., custody and psych), but it took so much money and court appearances during the first two years to get to this place despite that I emphasized my ex's volatility and instability from my very first pleading.

I got to thinking recently that it could save much in attorneys fees, court dockets, and wasted time if psych exams were ordered much earlier in the process... and if they were mandatory contingent on some met criteria.

The contingency could be that if either parent alleges in pleadings that there is questionable psychoemotional stability in the other parent, both parents must be ordered to undergo the psych exams.

If both are mandated to undergo the testing upon the allegation of either, it's not a weapon for the highly unstable to exploit... instead, it is a mandated fast-track to determining the presence of mental illness upon the allegation of a frustrated/targeted/victimized parent.

I imagine this would get broad support.  And if it also gives the court insight EARLY in the process about the psychological make-up of the parties, the court has easier decisions in future hearings.  For the "sane and rational", I'm happily going through the exams, just to have my ex do it.

Am I not seeing an obvious downside?

I'd love to hear your thoughts.  I may write to my state legislator.  :)

DD

socrateaser

Courts are not going to routinely order expensive and intrusive mental health examinations except upon motion by a party supported by credible evidence that raises the issue of a party's mental health.

:)