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How do I ask the court to order a psychatric evaluation of my ex spouse?

Cotati, CA |

I live in Sonoma County and just completed our first, and apparently only, mediation appointment with my ex-spouse. The mediator told me that if he was me he would ask for a psychiatric evaluation of my ex spouse because "something is not right". He also said I should submit documentation on my ex spouses medical history, including prescribed drugs as she's been prescribed anti-psychotic medications and such. I can't afford a lawyer and am doing this all on my own so does anyone have any suggestions on how to go about asking for a psych eval? Or requesting medical records for court? Thanks for any help!

Attorney Answers 3

Posted

A request such as this must be done by motion. So you need to make a compelling reason for the court to argue. You also may be required to pay for all or a portion of the cost to do it as well.

This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.

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Posted

I understand. So I'd need to submit a motion requesting a psych eval... As far as compelling reason, our court appointed mediator specifically told me he recommended that I get one. Do mediators submit this information to judges/is this a compelling enough reason? Also, am I permitted to use a Subpoena Duces Tecum to get her medical history to use, not only evidence but also as more compelling reasons? Thanks for anymore help offered!

Posted

Mandatory mediation is generally assigned for parties that have children.

Your focus should be on the health, safety, and general welfare of your children. Any decision pertaining to your ex spouse should start from a place of concern for your children-

If you need help or guidance on your case, try the family law facilitator's office. They will help you.

http://sonoma.courts.ca.gov/self-help/family-law-facilitator

Please indicate if this was a helpful response by checking the box below. Good luck.

DISCLAIMER: NO ATTORNEY CLIENT RELATIONSHIP HAS BEEN FORMED. PLEASE CONSULT WITH AN ATTORNEY LICENSED IN YOUR JURISDICTION. This information has been provided for informational purposes only.

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Posted

There are 2 ways but one is more detailed than the other. The first is to demand an independent psycological evaluation under the Discovery Act. In that case the requesting party arranges for the psychologist to do the examination at his/her expense, serves the demand upon the opposing party and waits for the report. This evaluation is generally fairly succinct for a number of reasons but mostly due to time and prodedural constraints of the discovery act.

The second is to file a motion with the family court requesting a 730 evaluation, but typically that evaluation includes the entire immediate family (mom, dad, kids). However, it is also typically very thorough and generally well received by the Courts. On the other hand, they are quite expensive.

good luck.

This is not intended to be legal advice to replace that of an attorney in a face to face setting. Rather it is to give the reader an idea of his/her options. One should not rely solely upon these comments without consulting with an attorney. Should the reader CHOOSE to do so, he/she assumes all responsibility as every case, venue, jurisdiction and fact pattern are different; this response is generic in nature and may not even fit the reader's particular situation.

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