What to Expect from a Mental Health Evaluation for Court in a Child Custody Case in MD

Going through a custody dispute is never easy. On top of the emotional strain of separation or divorce, you may find yourself facing a mental health evaluation for court in your custody case. It’s natural to feel anxious, even defensive, when the court brings in someone to assess your parenting and your home life. You may worry about what the evaluator will ask, how your child will respond, or what the report could mean for your future with your child.

These evaluations are not meant to label you or punish you. They are intended to give the judge a fuller picture of your family so the custody decision reflects your child’s best interest. By understanding what happens during the evaluation and how courts use the results, you can step into the process with less uncertainty and a stronger focus on what matters most: your child’s well-being.

In the next section, we’ll look at why Maryland courts order mental health evaluations in custody cases and how they fit into the larger decision-making process.

Why Would a Judge Order a Mental Health Evaluation?

Maryland family law requires judges to make custody decisions based on the best interest of the child. To reach that decision, courts often need more than just testimony. A mental health evaluation provides professional insight into the mental and emotional health of one or both parents and how that may affect the child.

Common reasons a judge may order an evaluation include:

• Allegations of substance abuse, untreated mental illness, or domestic violence
• Concerns about a parent’s ability to provide a stable residence or act as the primary caregiver
• Highly contentious disputes where parents cannot agree on a parenting plan
• Requests for sole custody or restrictions on visitation

These evaluations are not automatic in every case, but they are more likely when serious concerns are raised about one parent’s fitness.

How Maryland Courts Use Mental Health Evaluations

A mental health evaluation is one piece of evidence. It does not replace the judge’s responsibility to consider all factors under Maryland child custody law. Courts review the evaluation alongside testimony, parenting history, and other relevant evidence.

Maryland courts apply the “best interest of the child” standard, which is now written directly into state law and reflects decades of case law shaping how those factors are applied. Judges look at:

• Each parent’s ability to meet the child’s needs
• The stability of the child’s current residence and schooling
• The willingness of each parent to share custody or cooperate with the other
• Any history of abuse or neglect

These considerations are set out in Family Law § 5-203 and Maryland Rule 9-205.3, which governs custody evaluations. With House Bill 1191 now in effect, judges must apply specific best interest factors listed in the statute when deciding custody.

What Happens During a Custody-Related Mental Health Evaluation

In Maryland custody cases, mental health evaluations follow a structured process. While each evaluator may take a slightly different approach, you can generally expect the following steps:

1. Interviews with Parents. Each parent meets with the evaluator separately. These sessions may cover mental health history, parenting responsibilities, and your relationship with your child.
2. Interviews with the Child. Depending on the child’s age and maturity, the evaluator may speak with them to hear their perspective.
3. Psychological Testing. In some cases, evaluators administer standardized tests to assess personality traits, stress levels, or mental health conditions.
4. Review of Records. Evaluators may examine medical records, school reports, or prior protective orders.
5. Collateral Interviews. Teachers, therapists, or extended family members may be contacted for additional perspective.

After completing these steps, the evaluator prepares a written report with observations and recommendations.

How the Evaluation Affects Custody Decisions

The evaluator’s report can influence the court’s decision about legal custody and physical custody. For example:

• If the evaluator finds one parent has untreated mental health issues that affect their ability to provide a safe environment, the court may limit that parent to supervised visitation.
• If both parents demonstrate stability and a willingness to cooperate, the report may support joint custody.
• If one parent has historically been the primary caregiver and shows stronger parenting capacity, the report may recommend granting that parent sole custody.

The judge is not required to follow the evaluator’s recommendations, but will give them significant weight when balancing all custody factors.

Common Concerns Parents Raise

It is natural to feel uneasy about undergoing a mental health evaluation. Parents often ask questions such as:

• Will the evaluator judge me for seeking counseling or taking medication? No. Seeking treatment is often viewed positively because it shows responsibility for your well-being.
• What if my child says negative things about me? Evaluators understand that children may be influenced by stress, loyalty conflicts, or parental disputes. They consider context before drawing conclusions.
• Do I get to see the report? Yes. Both parties and their custody lawyers typically receive copies of the evaluator’s report once it is submitted to the court.

These concerns are common, and discussing them with your attorney beforehand can prepare you for the process.

The Role of Custody Lawyers in Mental Health Evaluations

Having an attorney who focuses on Maryland child custody matters can make a difference in how you approach an evaluation. Custody lawyers in Baltimore County, Montgomery County, Anne Arundel County, Prince George’s County, and Howard County regularly work with evaluators and understand the process.

Custody lawyers in Maryland can:

• Request an evaluation if there are concerns about the other parent’s stability
• Review the evaluator’s qualifications and object if there are conflicts of interest
• Prepare you for interviews so you know what to expect
• Cross-examine the evaluator in court if needed
• Advocate for your parenting rights during mediation or trial

While the evaluator’s duty is to the court, your lawyer’s responsibility is to advocate for you and your child.

How Mental Health Evaluations Fit Into the Larger Custody Process

Custody disputes in Maryland can involve multiple legal steps beyond a mental health evaluation, including:

• Filing initial custody petitions in the Circuit Court
• Temporary hearings to establish short-term custody arrangements
• Mediation sessions ordered by the court
• Testimony from both parents, teachers, doctors, or other witnesses
• Consideration of child support, parenting time schedules, and the division of decision-making authority

The mental health evaluation provides one more piece of information to address the court’s ultimate question: what arrangement serves the child’s best interest.

Moving Forward After the Evaluation

Once the evaluation is complete, the court will hold a hearing to review the findings. Both parents can present evidence, call witnesses, and question the evaluator. The judge then issues a decision about custody, visitation, and related matters such as child support.

Whether you are granted joint custody, legal custody, or sole custody, the court’s focus remains on protecting the child’s well-being. A skilled family lawyer in Rockville, MD can help you present your case in the most effective way while keeping your child’s needs at the center.

Work With a Maryland Custody Attorney Who Understands Both Law and Psychology

When a mental health evaluation becomes part of your custody case, you want an attorney who can interpret the legal process and also appreciate the human side of what you and your child are going through. Maryland custody attorney Ellen L. Lee brings a unique perspective to her practice. Before becoming a lawyer, she worked in psychology and counseling, skills she now applies to family law cases across Montgomery County and throughout Maryland.

For more than 35 years, Ellen has combined her legal knowledge with her ability to understand family dynamics, communicate effectively, and reduce stress for her clients. Whether your case involves a court-ordered evaluation, a modification request, or a contentious custody dispute, she is committed to protecting your rights while prioritizing your child’s well-being.

Call (301) 279-0692 today or contact the Law Offices of Ellen L. Lee, LLC online to schedule your confidential consultation. Appointments are available by phone, Zoom, or in person at Ellen’s Rockville office.

Copyright © 2025. Law Offices of Ellen L. Lee, LLC. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Law Offices of Ellen L. Lee, LLC
110 N Washington St, #404
Rockville, MD 20850
(301) 279-0692
https://www.attorneydivorce.com/