Issues regarding the fitness of parents frequently appear in divorce cases. Often times one of the spouses will question the competency or moral fitness of the other parent when issues concerning minor children arise.
There is a two-part test that the Court applies when a party is requesting that the other party submit to either a psychological evaluation or a substance abuse evaluation. First, the issue must be “in controversy”, and second, “good cause” must be shown.
Florida Rules of Civil Procedure, Rule 1.360(a) provides for compulsory psychological evaluations or drug testing only when the party submitting the request has “good cause” for the examination. The party requesting the examination has the burden of proof in showing that both the “in controversy” and “good cause” prongs have been satisfied before the court can order testing.