If you are involved in a custody dispute in New Hampshire and have serious concerns about your ex-partner’s mental health, you may wonder whether the court can order a psychological evaluation. The answer is: sometimes, but not often.
In the right case, a New Hampshire family court can order a psychological evaluation. But these evaluations are not routine, and they are generally not granted simply because one parent believes the other has mental health issues. Courts are usually cautious about ordering them because they are intrusive, expensive, and can significantly increase the conflict and complexity of a family case.
More often, if mental health concerns are relevant, the court may look first to other kinds of evidence and remedies, such as existing treatment records, testimony from providers, compliance with treatment recommendations, parenting conduct, or other evidence bearing on the child’s best interests.
At Cohen & Winters, we help New Hampshire parents navigate difficult custody disputes with practical advice and realistic expectations. Here is what to know.
What Is a Court-Ordered Psychological Evaluation?
A psychological evaluation in a family law case is a formal assessment by a qualified mental health professional, typically a psychologist or psychiatrist. Depending on the scope of the order, the evaluation may address a parent’s mental health, functioning, and whether any psychological issues are affecting parenting or the child’s wellbeing.
These evaluations are not meant to punish a parent. Rather, they are one tool a court may use in rare cases where a parent’s mental or emotional condition is genuinely at issue and the court believes more information is needed before making decisions about parental rights and responsibilities.
Can You Force an Ex to Undergo a Psychological Evaluation in New Hampshire?
You cannot personally force your ex to undergo a psychological evaluation. Only the court can order one.
A parent may ask the court to order an evaluation, but obtaining that relief usually requires more than suspicion, frustration, or the belief that the other parent is difficult, manipulative, or emotionally volatile. In most cases, the court will want to see substantial, case-specific reasons to believe that a parent’s mental health is affecting the child’s safety, wellbeing, or the parent’s ability to care appropriately for the child.
Even where legitimate concerns exist, the court may decide that a full psychological evaluation is unnecessary and that narrower, less intrusive options are more appropriate.
When Might a Court Seriously Consider It?
Although every case is different, a court is more likely to seriously consider such a request where there is credible evidence of a significant mental health condition or behavioral issue that is directly affecting parenting or the child. Examples might include:
- serious and documented mental health episodes affecting the parent’s functioning;
- conduct creating genuine safety concerns for the child;
- repeated behavior suggesting impaired judgment, instability, or inability to meet the child’s needs;
- credible evidence from professionals or other reliable witnesses that a parent’s mental condition is materially affecting the child.
Even then, the key issue is usually not whether a parent has a diagnosis, receives counseling, or takes medication. Many parents with mental health conditions are fully capable and appropriate caregivers. The real question is whether the condition is affecting parenting in a way that is relevant to the child’s best interests.
What Is More Common in Family Cases?
In many family cases, the court is more likely to consider other evidence before ordering a formal psychological evaluation. Depending on the circumstances, that may include:
- existing medical or counseling records, if properly obtained;
- testimony or letters from treating providers, where appropriate;
- evidence of whether a parent is following treatment recommendations;
- school, police, DCYF, or other third-party records;
- parenting restrictions or conditions tailored to specific concerns.
In other words, if a concern can be evaluated through existing records, witness testimony, or less intrusive court orders, that is often more likely than a full psychological evaluation.
How Do You Request One?
If the circumstances truly justify it, a parent can file a motion asking the family court to order a psychological evaluation. That motion should identify the specific facts giving rise to the concern and explain why the issue is significant to the child’s welfare.
But it is important to be realistic: filing the motion does not mean it will be granted. Courts do not generally order evaluations just because the other parent is difficult to deal with, has been diagnosed with a mental health condition, or is viewed as dishonest, angry, or high-conflict. The concern usually must be more concrete and more closely tied to parenting and the child’s wellbeing.
If the court does order an evaluation, it may define the scope of the evaluation and select the professional who will conduct it.
What If the Other Parent Refuses?
If the court actually orders an evaluation, the parent is expected to comply. Refusal can create problems with the court and may, in some circumstances, result in sanctions or adverse consequences. But that question usually arises only after a court has already made the relatively uncommon decision to order the evaluation in the first place.
Will an Evaluation Decide Custody?
No. Even if an evaluation is ordered and completed, it is only one piece of evidence. The court still considers the full picture, including each parent’s relationship with the child, the child’s needs, each parent’s ability to meet those needs, the history of caregiving, and all other relevant circumstances.
And importantly, a mental health diagnosis by itself does not determine custody. What matters is whether any mental health issue is affecting parenting and the child’s best interests in a meaningful way.
Talk to a New Hampshire Family Law Attorney at Cohen & Winters
If you are worried that your co-parent’s mental health is affecting your child’s safety or wellbeing, it is worth getting legal advice about the best way to present those concerns to the court. In some cases, a request for a psychological evaluation may be appropriate. In many others, there may be more practical, more targeted, and more realistic ways to address the issue.
At Cohen & Winters , we help New Hampshire parents assess family court issues carefully and pursue strategies that are grounded in the realities of custody litigation. If you would like to discuss your situation, contact us to schedule a consultation.