Afsana Chowdhury | July 11, 2025 | Child Custody
Deciding child custody cases is an enormous responsibility for the family court. Judges must determine what is in a child’s best interest when deciding how to divide custody between parents. A psychological evaluation can be an important tool used by the courts in child custody matters. This blog discusses how you can request a family court mental health evaluation in Fairfax, VA.
Understanding the Role of Psychological Evaluations in Virginia Custody Disputes
A psychological evaluation provides information about a parent’s mental health and assesses how mental health and any psychological disorders impact daily functioning. Judges may use the information to make inferences about how the parents’ mental health could impact their parenting. Psychological evaluations may be performed on one or both parents in a child custody matter.
A judge must determine the best interests of the child when determining custody. Virginia custody laws include nine factors judges must consider, including each parent’s mental condition.
When Does the Court Order a Psychological Evaluation in a Custody Case?
Section 20-124.2 of the Code of Virginia gives courts the authority to order an independent psychological evaluation or mental health assessment to assist the court in determining the best interest of the child. The court may also enter an order requiring the parties to pay the costs.
About one in five adults lives with a mental illness. A mental illness does not necessarily mean a parent is unfit. Many people successfully manage their mental illness with the help of a medical professional. However, when a parent has a mental illness, the court may order a psychological assessment as part of the custody case.
A psychological evaluation may also be ordered when a parent does not have a diagnosed mental health condition. The court may require a psychological evaluation if a parent has a problem with substance abuse, domestic violence, or other issues that could indicate a mental health problem.
Steps to File a Fairfax, VA Custody Evaluation Request Through the Fairfax Family Court
If you believe your child’s other parent has mental health issues that could negatively impact parenting ability, talk with a Fairfax child custody lawyer immediately. Working with a custody attorney is the best way to request a psychological evaluation in a custody case.
Your attorney must file a motion with the Fairfax County family court asking for the psychological evaluation. The motion needs to include evidentiary support for granting the psychological assessment. Evidence may include past incidents, a parent’s behavior, medical diagnoses, CPS reports, and other relevant information.
What Does the Court Consider When Approving a Request for an Evaluation?
A judge must balance a parent’s privacy and other rights against the child’s welfare. A parent may request a psychological evaluation to embarrass or harass the other parent. Judges must guard against abuse of the process.
Therefore, a judge will carefully consider the evidence presented with the motion for a psychological evaluation. A skilled Fairfax family court attorney understands what family court judges look for when reviewing requests for psychological evaluations. The judge will likely deny your request unless you provide a compelling reason for asking the court to order a psychological evaluation.
The Evaluation Process: What to Expect
An independent medical professional, usually a psychologist, conducts a psychological evaluation. The evaluator’s role is to provide an objective assessment of the parent’s mental health. The evaluator does not advocate for either parent. Instead, they submit an objective report that the judge can use when deciding what is in the child’s best interest.
Evaluators utilize a range of tools to conduct a comprehensive psychological evaluation. Generally, the assessment begins with an initial interview with the parent. The evaluator may review the parent’s medical records and consult with the parent’s physicians, therapist, and other healthcare providers.
Psychological evaluations also include a variety of tests to examine the parent’s psychological health. An evaluator may also observe the parent and child interact and interview other individuals with knowledge of the parent’s behavior and condition.
Contact the Fairfax Child Custody Attorneys at Chowdhury Divorce Law Group for Help Today
A psychological evaluation in child custody cases can significantly impact physical and legal custody decisions. Depending on the evaluator’s report, a judge may grant sole custody or joint custody. The judge could restrict visitation with a parent or order supervised visitation if that is in the child’s best interest.
If you are being evaluated for child custody, consider consulting a Fairfax County child custody lawyer at Chowdhury Divorce Law Group for assistance. An attorney can help you prepare for the evaluation and navigate the court proceedings.
The goal is to ensure the process is fair for all parties, especially the child. We’re ready to help, so contact us today for a confidential consultation.
For more information, please contact an experienced family law attorney at Chowdhury Divorce Law Group to schedule an initial consultation today. Our law office is located in Fairfax, VA.
We proudly serve in Fairfax County and its surrounding areas:
Chowdhury Divorce Law Group
10805 Main St STE 700A
Fairfax, VA 22030
(703) 271-6519
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About The Author
Afsana Chowdhury is the founder of Chowdhury Divorce Law Group, where she is dedicated to protecting the rights of injury victims across Virginia. A George Mason University School of Law graduate, Afsana is licensed to practice in Virginia and has devoted her legal career to personal injury law. She focuses on helping clients, guiding them through divorce, custody disputes, and other complex family matters. With years of experience and a deep commitment to protecting her clients’ rights, she personally handles each case to ensure strong, focused representation.
Location: Fairfax, VA
