Louisiana Motion and Order for Psychological Evaluation
Overview of this form
The Motion and Order for Psychological Evaluation is a legal document used primarily in divorce proceedings. This form is filed by the plaintiff to request psychological evaluations for the parties involved in the case, including any minor children. The purpose of these evaluations is to assist the court in making informed decisions regarding custody and child welfare based on the mental health of the individuals involved. This form is distinct from other custody forms as it specifically addresses the need for psychological assessments based on the defendant's past psychological issues.
Key parts of this document
- Identification of the parties involved in the motion
- Date and time of the custody and alimony hearing
- Request for psychological evaluations on the plaintiff, defendant, and minor children
- Statement regarding the defendant's lack of objection to the evaluations
- Court order granting the requested psychological evaluations
When to use this form
This form is used when a party in a divorce case believes that psychological evaluations are necessary to address concerns about the mental health of the other spouse or the minor children. It is typically used when there is a scheduled hearing regarding custody and alimony, and evidence of psychological issues is relevant to the court's determination of what is in the best interest of the children.
Who this form is for
- Individuals involved in a divorce case where custody and alimony are being determined
- Parents who have concerns about the psychological well-being of their spouse or children
- Legal representatives acting on behalf of the plaintiff in a divorce proceeding
How to prepare this document
- Enter the names of the petitioner and defendant at the beginning of the document.
- Specify the date and time of the scheduled custody and alimony hearing.
- Clearly state the reasons for requesting psychological evaluations for both parties and any minor children.
- Include a confirmation that the defendant does not object to the evaluations.
- Ensure the document is signed by the attorney representing the plaintiff.
- Complete the order section, providing the judge's signature line and date.
Does this document require notarization?
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
Common mistakes to avoid
- Failing to provide complete and accurate information about the parties involved.
- Not including a clear reason for the psychological evaluation request.
- Omitting the defendantâs non-objection to the evaluations.
- Forgetting to sign the document before submission.
Why use this form online
- Easy access to legally vetted templates drafted by licensed attorneys.
- Ability to complete the form at your convenience without needing to visit an office.
- Edit and customize the form according to your specific situation.
- Secure and organized storage for your legal documents.
Legal use & context
- This form is a crucial step in cases where mental health issues may affect child custody decisions.
- The results of the psychological evaluations can significantly influence court rulings pertaining to custody and visitation rights.
- Using this form properly ensures compliance with state law, improving the chances of favorable court outcomes.
Quick recap
- The Motion and Order for Psychological Evaluation is essential for assessing mental health in divorce cases affecting children.
- Complete all sections accurately to avoid common mistakes.
- Understand the implications of psychological evaluations in custody decisions.
Form popularity
FAQ
During the evaluation, you may be asked to complete blood work, a urine test, or a brain scan to rule out any physical conditions. You may also be asked to answer questions about drug and alcohol use to confirm your experience is not a side effect.
The judge must have proof of the parent's mental health issues, before it will even consider ordering a psychological evaluation. Before requesting the court to order a mental heath evaluation of your ex, you should consider that these evaluations are very expensive, and that they are rarely ordered.
Unless you challenge the evaluator - assuming that there is a legitimate, substantive basis to do so - the court will never know the problems with or deficiencies in the report and may rightfully assume that there are no problems or deficiencies. Thus, the burden is on the litigant to prove, argue and persuade.
Understanding Psychiatric Evaluations The initial evaluation will explore many aspects including developmental history, medical history, family history, social and environmental influences, academic/work concerns, and emotional and cognitive (thinking) strengths and weaknesses.
For example, in court-ordered evaluations, the court may be the identified client. In other circumstances, a referring state child protection agency or an attorney may be the identified client.
