Williams v. WilliamsWilliams v. Williams
Deanna Birdsong of Hyatt Legal Services, Tampa, for appellant.
THREADGILL, Acting Chief Judge.
In these consolidated appeals, the appellant/father charges that the trial court abused its discretion in first restricting and then terminating his unsupervised visitation with his minor son until he submits to a court-ordered psychological examination. We reverse.
The parties were divorced on September 10, 1987. The final judgment awarded shared parental responsibility of the minor son with primary residency to be with the appellee/mother and liberal visitation allowed the appellant. The record reflects an extremely acrimonious divorce and even a willingness by the parties to use the judicial process to harass each other. The mother has filed motions to limit visitation alleging that the appellant once failed to pick up and use a car seat for the minor child, that the two-year-old child wet his pants after visiting the appellant, and that the appellant has used bad language in front of the child. She has alleged that the appellant has harassed her, that he filed a grievance against her attorney for failure to return a personal document, and that he is unstable. The appellant has filed various motions with similar complaints against the mother. In December 1987, the appellant filed a motion for sole custody of the minor child alleging neglect and irresponsibility by the mother. No orders were issued on these motions.
In March of 1988, the mother moved to set specific visitation because the parties were unable to agree on a visitation schedule. After a hearing, the court on its own motion ordered the appellant to submit himself to the Pinellas County Comprehensive Mental Health Services for a complete psychological examination, and restricted the appellant‘s visitation with his son pending review of the examination.
Although it cited no facts in support of the finding, the written order, dated July 22, 1988, specifically found that the appellant‘s psychological well being was in question and could have a detrimental effect on the child. The appellant filed notice of appeal of this order on August 10, 1988. On August 31, 1988 the mother moved to suspend all visitation. On November 17, 1988, following a hearing, the court entered an order which, among other things, prohibited all unsupervised visitation by the appellant with his minor child pending receipt by the court of a psychological examination report by Dr. Goldstein. Both orders are before us for review. We have reviewed the records and the appellant‘s brief in both cases. The mother has not appeared in either case.
We find the determinative issue to be whether the trial court abused its discretion in ordering the appellant to submit to a psychological examination.
It has also been held that “the showing of `good cause’ which would warrant a court-compelled mental examination of a parent seeking custody of a dependent child should be based on evidence that the parent has been unable to meet the special needs of the child.” In the Interest of S.N. v. Department of Health and Rehabilitative Services, 529 So.2d 1156, 1159 (Fla. 1st DCA 1988). Cf. Yandell v. Yandell, 39 So.2d 554 (Fla. 1949), (visitation should never be denied a parent who conducts himself around the child in a manner which will not adversely affect the morals or welfare of the child); Hicks v. Hicks, 511 So.2d 628 (Fla. 2d DCA 1987) (finding it error for a court to award sole parental responsibility without a finding that shared parental responsibility is detrimental to the child).
We first consider whether the mental health of the appellant was in controversy.
Nor does the record demonstrate “good cause” for the ordered examination. Although the appellant did not submit to examination by the agency which the court had specified, he did have a neuropsychiatric examination shortly after the trial court‘s oral order, and the resulting evaluation report, filed in the record, does not reflect any problem which would warrant termination of visitation. We note further that the record contains an evaluation of the child by the Upper Pinellas Mental Health Services. This report, addressed to the parents, found that the child was well adjusted, affectionate and attached to both parents, although the counselor expressed concern that the animosity of the parents might someday affect the child.
Because the record does not reflect that the appellant‘s mental health was in controversy nor demonstrate good cause for a psychological examination of the appellant pursuant to
Reversed and remanded.
ALTENBERND, J., and BOARDMAN, EDWARD F. (Ret.), J., concur.