In New Jersey child custody cases, the primary concern of the court is always the best interests of the child. In the Garden State, as in other states, family courts strive to ensure that custody arrangements provide a safe, stable, and nurturing environment for the child.
There are situations in which concerns about a parent’s mental health arise in a New Jersey child custody case. In such instances, a court may order a mental health evaluation to assess a particular parent’s ability to care for a child properly. These evaluations are conducted by licensed mental health professionals. These evaluations provide the court with critical insights into a parent’s psychological health and well-being. There are seven commonplace circumstances in which a court might order a mental health evaluation in a New Jersey child custody case.
Perhaps the most common reason for a mental health evaluation is when one parent raises concerns about the other parent’s mental health or emotional wellbeing. By way of example, if a parent has a history of depression, anxiety, bipolar disorder, or other mental health conditions, the court may order an evaluation to determine whether these conditions affect their ability to parent effectively. In other words, an evaluation can be ordered to ascertain whether a condition described a moment ago negatively impacts the best interests of a child or children. The court is not inherently biased against parents with mental health challenges. Nonetheless, the court must ensure that the condition is managed appropriately and does not pose a risk to the child.
If a party to a New Jersey child custody proceeding exhibits erratic, unpredictable, or otherwise concerning behavior, the court may request a mental health evaluation. The type of behavior that can and does underpin a court’s decision to order a mental health evaluation includes:
For example, if a parent has been involved in altercations, displays extreme anger, or makes impulsive decisions that could harm the child, the court will want to assess whether these behaviors stem from an underlying mental health condition or issue.
A considerable percentage of people with mental health disorders or issues have some sort of dual diagnosis. More often than not, the other diagnosis is substance use disorder. New Jersey courts take these types of issues seriously in custody cases. If a parent has a history of drug or alcohol abuse, the court may order a mental health evaluation to determine whether the parent is fit to care for the child. The evaluation will assess whether the parent has sought treatment, is in recovery, or continues to struggle with addiction, as well as how these factors impact their parenting abilities.
A history of domestic violence or abuse is a significant red flag in custody cases. Sadly, domestic abuse of violence occurs with considerable regularity.
If one parent has been accused of or convicted for domestic violence, the court may order a mental health evaluation to assess the risk they pose to the child. The evaluation will explore whether the abusive behavior is linked to a mental health condition and whether the parent has taken steps to address their behavior, such as attending anger management or therapy.
Parental alienation occurs when one parent attempts to turn the child against the other parent. This oftentimes through manipulation or false accusations made one parent against the other. If the court suspects that a parent is engaging in alienating behavior, a mental health evaluation may be ordered to assess the parent’s motivations and psychological state. The evaluator will determine whether the behavior is deliberate or stems from unresolved emotional or mental health issues.
Sometimes, a child’s emotional or behavioral problems may prompt the court to order a mental health evaluation of a parent. If the child exhibits signs of distress, such as anxiety, depression, or aggression, the court may investigate whether a parent’s mental health or behavior is contributing to the child’s issues. For example, if a parent is overly critical, neglectful, or emotionally unavailable, it could negatively impact the child’s well-being.
Finally, in highly contentious custody battles, where both parents are unable to agree on custody arrangements, the court may order mental health evaluations to gain a clearer picture of each parent’s fitness. These evaluations help the court determine which parent is better equipped to provide a stable and supportive environment for the child. High-conflict cases often involve deep-seated emotional issues, and a mental health evaluation can provide objective insights to guide the court’s decision. If you have questions concerningamental health evaluation and divorce, call the Law Offices of Peter Van Aulen at (201) 845-7400 for a free consultation.