Psych evaluation

North Carolina Divorce Law Divorce and Separation Answers
1

If you do not have a custody order in place, you can file an action for child custody and ask the court for a psychological evaluation. If you already have a court order, you can file a motion for modification of custody and ask the court for an evaluation.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

My ex and I have been separated since October 4, 2006. We have two children and he does have visitation rights. There is a history of domestic abuse and a recent allegation of abuse towards my nine year old daughter which is currently (supposedly) under investigation by child protective services. He has always acted in the extreme…rarely balanced. Since our separation, he has made even less sense of just about everything and can be completely irrational and unbalanced. He has never gotten any therapy or been evaluated for any type of psychological disorder although I am absolutely sure (and he admits) that he has ADD. He also has documented hormone level deficits. I feel relatively certain that he is bi-polar (because of my education, degree and experience with such) and that he probably has been throughout the entire marriage (20 yrs.) This seems to have gotten worse, however (and may even be the cause for his leaving) since the separation. My question is this: now that we are no longer together, but he is the father of my children with visitation rights with pending allegations of abuse - do I have any recourse or right to have him evaluated for any type of psychological disorder and how would I go about same? Thank you for any help you can give.