Independent Medical Exam Use in Custody Cases

Northern Virginia Family Law Firm Assists with Child Custody Issues

Arlington, Virginia Child Custody Lawyer Experienced in IMEs and Custody

When the mental or physical condition of a party in a child custody case is in question, the court may order the party to submit to an independent medical examination (IME). Although independent medical exams are most commonly applied in personal injury lawsuits, there is no law that specifically prevents them from being conducted in child custody cases.

While not particularly common, independent mental or physical examinations may be ordered in child custody cases when one party makes allegations of medical unfitness against the other party, or used to assist the judge in assessing whether there has been psychological harm to the child before a final custody determination is made. IMEs can also put the court in the difficult position of weighing the best interests of the children against the exorbitant fees and drawn-out court battles that sometimes accompany an independent medical examination.

APA Guidelines for Independent Child Custody Evaluations

The American Psychological Association has a set of guidelines for child custody evaluations in family law proceedings that every mental health professional should be familiar with before agreeing to conduct an independent child custody evaluation. These guidelines apply to custody evaluations in divorce, legal separation, annulment, and between unmarried parents. They are not state specific and apply broadly to all child custody evaluations, regardless of jurisdiction.

Contact an Experienced Virginia Child Custody Attorney Today

Do you have questions regarding using an independent medical exam in a child custody case? Claudia Zucker has been representing Virginia clients in child custody issues for more than twenty years. You may contact her online or call (703) 596-1005 to schedule your initial consultation today.