A custody evaluation is an assessment of a family by a mental health professional, ordered by the judge to help decide custody or visitation.
The Judge Can Order One
Under OCGA 19-9-3(a)(7), “[t]he judge is authorized to order a psychological custody evaluation of the family or an independent medical evaluation.” In Trotter v. Ayres, 315 Ga. App. 7 (2012), the Court of Appeals confirmed that “a trial court has discretionary power to compel the family in a custody dispute to submit to a psychological custody evaluation.” The power can reach one parent alone. In Rowe v. Rowe, 195 Ga. App. 493 (1990), the court explained that when custody is contested, a judge may “compel either or both parents to submit to examination and evaluation by a court-appointed clinical psychologist or psychiatrist.”
A guardian ad litem can ask for one, too. Under Uniform Superior Court Rule 24.9(8)(a), a GAL “may request the Court to order the parties to undergo mental fitness and/or custody evaluations to be performed by a mental health expert approved by the Court.”
Taking Part, and Paying
The same rule directs the court to “provide for the parties’ responsibility for payment of fees to the appointed experts.” In Andersen v. Farrington, 291 Ga. 775 (2012), the father asked for an evaluation, and both parents were ordered to take part and split its cost. The mother did not comply, and the trial court denied her visitation until she underwent and paid for the evaluation. The Georgia Supreme Court affirmed.
What the Recommendation Counts For
OCGA 19-9-3(a)(3)(O) lists “[a]ny recommendation by a court appointed custody evaluator” among the factors the judge may consider. It is one factor, and the judge makes the decision.
What you tell a court-appointed evaluator is not privileged, as our post on therapy privilege explains. A motion asking for a mental examination of the other party is a separate procedure, covered in our post on court-ordered physical and mental examinations.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!