Requesting a mental evaluation during custody hearing?

Hey guys, I have a divorce merit hearing scheduled for the end of January 2025, and I’m requesting primary custody of my 12-year-old son. The mom hasn’t responded to any paperwork and didn’t attend the scheduling conference. I moved out in September and haven’t had any access to see or spend time with my son. I’m wondering if I can request the court to perform a mental evaluation of both the mom and my son during the merits hearing, or if this is something I should have already requested during the discovery period. Please advise me.

Typically, you would need to request a mental evaluation during the discovery phase. However, you can still ask the court at the hearing, but it might be up to the judge’s discretion.

I think it’s worth asking at the hearing. If you have reasons to believe the mom’s mental state affects your son, the court might consider it.

Just make sure you have solid reasons for the request. The court usually needs good justification to order evaluations.

Thanks for the tips! I’ve been worried about how this could affect my son. I’ll definitely bring it up at the hearing.