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Psychological Evaluation for Your Spouse


In today’s busy and fast-paced world, mental health is now a serious issue. We are bombarded with news and information, and some of these will bring about high amounts of stress. With this new situation and the challenges of married life, some of us may be pushed to the edge.

When Your Spouse Needs Psychological Evaluation

It could be a struggle to convince your spouse to undergo a psychological evaluation or even therapy or treatment. It is easier to just take a pill to relieve the momentary pressure. Also, there still are many negative connotations on Psychiatric treatment despite the increased attention to mental health issues.

If your spouse is reluctant, then it will not be easy to force them to do so under normal circumstances. An adult can legally refuse treatment. The only exception is proving that he/she may pose a threat to himself or the people around him.

Custody battles

It is possible to have your spouse tested when it comes to custody battles. Since the state of Texas reiterates its responsibility to look after the children’s welfare, you can compel the court to order a psychological evaluation if you can prove that the purpose of the examination is to protect the child.

The judge needs to consider all factors in a custody case and if there is probable cause to suspect mental illness, then they may order a psychological evaluation for BOTH parents. This is actually difficult to substantiate as there are many mental illnesses that do not really have clear physical manifestations. 

The court is less likely to intervene if it refers to minor mental illnesses especially if they do not result in violent or aggressive behavior. It’s tricky to prove. This is especially true when evidence is hard to come by for mental illnesses.

The court will most likely intervene if there signs of abuse or violent tendencies. These can be manifestations of underlying mental illness. However, without these signs, it will be difficult to force or compel your spouse to undergo a psychological evaluation. 

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at timothy.hutton@austintexaslegal.com

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