Chicago Child Custody Lawyer

 A mental or physical examination may be had as follows:

 In any action in which the physical or mental condition of a party or of a person in the party’s custody or legal control is in controversy, the court upon notice and on motion made within a reasonable time before the trial, may order such party to submit to a physical or mental examination.  Supreme Court Rule 215(a)

 The party shall suggest the examiner and identify the specially or discipline of the examiner.  The court has the discretion to reject the specific examiner selected and choose another examiner suggested by the party.  No authority exists for the court to select an examiner not suggested by the party requesting the examination.

 The examiner appointed under Rule 215(a) must, within 21 days of the completion of the examination (unless extended by the court), provided a written report to counsel for both parties setting forth findings, test results, and diagnosis and conclusions.  If the report is not timely delivered, neither the report, the examiner’s testimony, nor any of the underlying test results or findings are admissible in evidence unless offered by the party who was examined.  See Supreme Court Rule 215(c).
 Subsequent to the enactment of 750 ILCS 5/604.5, these use of Rule 215(a) to obtain a mental examination of a party relative to custody and visitation issues has been greatly reduced, if not eliminated.  However, Rule 2159a) is still necessary and can be used to obtain a mental or physical evaluation of a party on other issues.  A number of sections of the Illinois Marriage and Dissolution of Marriage Act have the potential of raising issues surrounding the mental and physical health of the parties or their minor children, including IMDMA §503 dealing with physical health of the parties or their minor children, including IMDMA §503 dealing with property division, IMDMA §504 dealing with maintenance, and IMDMA §505 dealing with child support.

 IMDMA $503(d)(8) provides that the court is to consider in dividing the marital estate “the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties.”

 IMDMA §505(a)(2)(d) provides that the court is to consider in awarding child support “the physical and emotional condition of the child, and his educational needs.”

 One common use for obtaining a mental or physical exam of a party relative to economic issues occurs when a party asserts that, due to some mental or physical condition, he or she is unable to work and is therefore seeking maintenance or a disproportionate share of the marital estate from the other party.  Having put his or her mental or physical condition at issue, the party is subject to an exam under Rule 215(a).

 See Also:  Dallas Divorce