Court Clarifies When Psychological Evaluations Can Be Required in Child Custody Cases
The decision affirms custody and school placement while striking down an unlawful precondition for future custody motions.
Recently, the State of Michigan Court of Appeals encountered an interesting order following a family law case. The trial court ordered psychological evaluations to occur prior to any future motions being filed regarding parenting time or custody, but the lawfulness of that order was put into question.
In 2019, the parties divorced, and the judgment granted them both shared physical and legal custody of their shared child. At the time, the parties both resided in Houghton Lake, but in 2022, the plaintiff moved to St. Johns after switching jobs, while the defendant and the child continued to reside in Houghton Lake. In September of 2022, the plaintiff filed a motion requesting that the court allow the child to enroll in the St. Johns school system and that the plaintiff be granted sole legal custody, primary physical custody, and “reasonable parenting time”.
In June 2024, the plaintiff then filed another motion, requesting that she be granted sole legal custody, that the child’s school be changed to St. Johns, and that the parties’ parenting time be changed so the child is under the plaintiff’s care during the school year. The plaintiff claimed that the defendant was making significant parenting decisions without consulting the plaintiff and that the defendant lacked effective parenting skills, as well as stated that the child was “eating himself to death” and claimed that the defendant was being neglectful because of this. The defendant answered the motion in August of 2024, requesting that the court deny this requested relief and grant the defendant sole legal and physical custody, and order that both parties undergo psychological evaluations. In April 2025, the referee issued his findings and determined that for the child’s best interest, he would remain in Houghton Lake schools and that the defendant had sole legal custody. Along with that, it was ordered that “in the absence of emergency circumstances, both parties are to undergo psychological evaluations prior to the inception of future parenting time/custody motions.”
Even though the plaintiff argued against the child staying in school at Houghton Lake, the great weight of the evidence suggested otherwise and that the child staying enrolled in school in Houghton Lake is for the child’s best interest. Among other reasons, the referee was concerned that the plaintiff’s association with St. Johns schools and her history of asking counselors to alter notes regarding her demeanor during parental check-in sessions would cause the plaintiff to improperly alter the child’s academic and extracurricular standing. Combined with other best interest factors for the child, the trial court also found it “disturbing” that the plaintiff referred to the child as “an attention-seeking wild card” in a text.
As far as legal custody goes, the defendant being granted legal custody was also in the best interest of the child according to the trial court. The defendant was compromising more than the plaintiff, and if something happens that the plaintiff doesn’t agree with, her instinct is to get the Court involved rather than come to a civil conclusion, which has a negative effect on the child. The plaintiff’s concerns over the child’s weight were also answered, and the defendant had a similar investment in the child’s health, including cooking healthily, the child exercises while in the defendant’s care, and participates in extracurricular activities. When the child was on a stricter diet, the defendant said he was “as miserable as [he had] ever seen him”, and the pediatrician had stated that it can be very difficult to get a child to stick to a strict diet and aim for a specific weight.
The plaintiff’s final request of both parties requiring psychological evaluations before filing future motions was also found to be unlawful. This request included a precondition that was not found in Michigan’s Child Custody Act. The only statutory prerequisites for seeking modifications of custody of parenting time or custody are whenever they can show proper cause, or a change of circumstance, and undergoing psychological evaluations does not fall under those prerequisites. However, the trial court may still order a psychological evaluation after a motion is filed is such would be relevant to determining whether proper cause or a change of circumstance exists, or if it’s relevant to determining what is in the child’s best interest. Generally speaking, the order for either party to undergo psychological evaluations before filing future motions was reversed, however the court may order one later during litigation if appropriate.










