I. Introduction
A psychological evaluation in a custody or divorce case sounds powerful. You may believe (or even know) your spouse to be manipulative, unstable, or even dangerous. So why not ask the court to order an evaluation? Before you do, know this: psychological evaluations can be (can be) valuable tools, but they are magic charms. Asking for one at the wrong time or for the wrong reason can damage your credibility, backfire badly, and ultimately hurt your case.
II. When Are Psychological Evaluations Used in Utah Family Court Cases?
In Utah, courts resolve child custody based on what serves the “best interest of the child”. When questions arise about a parent’s mental and/or emotional health and stability or parental fitness, psychological evaluations can sometimes help clarify the facts.
Psychological evaluations in family law litigation are typically requested through either Rule 35 of the Utah Rules of Civil Procedure, which allows a party to move for a physical or mental examination of another party “when the mental or physical condition of a party is in controversy” and “good cause” is shown, or as part of a custody evaluation under Utah Code of Judicial Administration Rule 4-903.
These evaluations are most commonly used in cases involving:
- Allegations of mental illness
- Substance abuse
- Personality disorders (e.g., narcissistic or borderline traits)
- Suspected emotional abuse or neglect
III. Do You Need the Court’s Permission to Get Your Spouse Evaluated?
Yes. Unless the other party consents, you cannot unilaterally compel a psychological evaluation.
Under Rule 35(a), a court may order a psychological evaluation only when:
- The person to be evaluated is a party to the case,
- Their mental condition is “in controversy,” and
- There is “good cause” to justify the examination.
Importantly, even if you think your spouse is mentally ill, the court won’t simply take your word for it. You will need concrete, case-specific facts that show a legitimate reason to question the other parent’s mental fitness.
Trying to obtain a psychological evaluation behind the scenes or outside of court process is not only unethical, it may constitute a violation of privacy and could be used against you.
IV. Should You Ask for a Psychological Evaluation of the Other Parent?
Pro tip: Most requests for psychological evaluations are denied. Many commissioners and judges are cautious about granting these requests because they are intrusive, expensive, and often abused as litigation tactics.
To get an evaluation ordered, you must generally:
- Present specific facts that show the other parent’s mental state is not just relevant but directly impacts the child’s welfare.
- Demonstrate that no less-intrusive method would obtain the needed information.
Saying “My ex is a narcissist” or “He/she has anger issues” is usually not enough.
And remember this: if you request a psychological evaluation of your ex, you open the door for the court to order one for you as well. Courts often take a “what’s good for the goose” approach when it comes to parenting fitness.
In the eyes of many commissioners and judges, requesting a psychological evaluation can suggest that you’re more focused on tearing down the other parent than cooperating in the best interests of your child.
V. Strategic Pros and Cons
Pros. A psychological evaluation:
- Can provide an independent, professional assessment of a parent’s mental fitness.
- May help confirm genuine safety concerns or risks to the child.
- Can bolster your position in high-conflict or high-stakes custody disputes.
Cons. A psychological evaluation:
- Can often cost $3,000–$10,000 or more per party.
- Can take months, slowing down your case.
- May not favor you. Evaluators are not perfect, and their conclusions may not favor you.
- May look vindictive or manipulative. It may be perceived as an unwarranted request.
Additionally, the evaluator’s conclusions may include findings you didn’t expect. A parent who is marginally functional may still be deemed fit enough to share custody.
And it’s worth being blunt here: many psychological evaluations are more subjective than scientific. The tools evaluators use may lack consistent reliability, and their conclusions are often shaped by the evaluator’s own biases and interpretive tendencies. Worse, not all evaluators are competent. Frankly, some are flaky, erratic, or seem to bring their own personal baggage into the process. Anyone licensed as a psychologist, social worker, or even a licensed professional counselor may be legally able to conduct some type of evaluation, but not all evaluations are created equal, and neither are the evaluators. Be sure you understand who is doing the evaluation, what his/her credentials are, and how rigorous and reliable his/her methods really are.
VI. Practical Tips Before Requesting an Evaluation
Before you file a motion for a psychological evaluation of your spouse or co-parent, ask yourself:
- What am I really trying to prove? Is the issue relevant to parenting or just about my own personality conflicts and parenting differences with my spouse?
- Do I have documentation or evidence? School reports, police records, DCFS findings, or therapist letters help.
- Is there a better route? A deposition of my spouse, who can show his/her true colors in that setting?
Talk candidly with your lawyer. Moving for a psychological evaluation is a serious move that should not be made lightly or reflexively.
VII. Conclusion
Psychological evaluations in Utah custody and divorce cases are sometimes necessary and sometimes a disaster. They can sometimes be the right move when grounded in evidence and focused on child safety and welfare. But courts do not grant them lightly, and you must be prepared for the possibility that the process may turn the spotlight back on you. If you’re thinking about seeking one, make sure you’re doing it for the right reasons, with the right facts, and with a clear-eyed view of the risks.
Utah Family Law, LC | divorceutah.com | 801-466-9277