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

Asked almost 2 years ago - 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)

  1. Isileli Tupou Manaia Mataele

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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... more
  2. Naomi T Stal

    Contributor Level 11

    1

    Lawyer agrees

    Answered . 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-la...

    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... more
  3. Donald Bradley Cripe

    Contributor Level 8

    Answered . 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... more

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