Do the courts consider psychological tests, i.e. Rorschach test in helping to understand the mental health of a parent

Child Custody 2 views 3 answers
in a child custody trial. There has been a complete fabrication of my brother in a very very bitter divorce battle and he has been wrongfully portrayed as someone he is completely not by his ex in their fight for their children. Does this help the judge believe the truth? if there are others, please share.. thank you.

Attorney Answers

3
Merlinus Monroe ·
The factors which the judge involved in a custody dispute (in which the standard is "the best interests of the child") may consider are enumerated in part in OCGA Section 19-9-3. These factors are listed in subsection (3) as including, but not being limited to, the following: "(A) The love, affection, bonding, and emotional ties existing between each parent and the child; (B) The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children; (C) The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child; (D) Each parent's knowledge and familiarity of the child and the child's needs; (E) The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent; (F) The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors; (G) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (H) The stability of the family unit of each of the parents and the presence or absence of each parent's support systems within the community to benefit the child; (I) The mental and physical health of each parent; (J) Each parent's involvement, or lack thereof, in the child's educational, social, and extracurricular activities; (K) Each parent's employment schedule and the related flexibility or limitations, if any, of a parent to care for the child; (L) The home, school, and community record and history of the child, as well as any health or educational special needs of the child; (M) Each parent's past performance and relative abilities for future performance of parenting responsibilities; (N) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child; (O) Any recommendation by a court appointed custody evaluator or guardian ad litem; (P) Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and (Q) Any evidence of substance abuse by either parent." If the Rorshach test, expounded on by a knowledgeable psychiatrist, was something that would help the judge with his or her decision-making, it would be considered. The attorney representing your brother would know how to use it advantageously. If your brother is unrepresented and the divorce is as ugly as you say, he's making a mistake.
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Ikemesit Amajak EyoFamily Law AttorneyAlpharetta, GA ·
A judge will consider testimony regarding the mental health of a parent. However, he woudl be better off having a mental health professional present to testify, as opposed to asking a judge to interpret and understand a psychological test. Considering the obvious complications of your brother's case, he would absolutely benefit from the assistance of a knowledgeable Family Law attorney. Good Luck. ~ Kem Eyo
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Michael Olson ·
Yes a Judge will often consider psychological tests in determining what is in the best interests of minor children. Psychological examinations can be helpful but may be expensive so you should ask around to see if the Judge assigned to your case would consider such evidence.
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