In the never-ending saga of NBA star Dwyane Wade’s divorce and custody proceedings, Wade’s attorneys have now filed a request with the court to order Siohvaughn Wade to undergo a psychiatric evaluation with a court-approved psychiatrist.

The attorney, Lester L. Barclay claims, “There is a question as to the mental condition and violent tendencies” of Siohvaughn Wade.

In the filing, Barclay claims Siohvaughn’s own testimony has revealed a history of extreme violence — and he believes she has “homicidal” and “suicidal” tendencies.

Wade’s motion asks for the court to order the evaluation and to require the couple’s two kids to stay with their father while the trial continues.

A family court generally has the authority to order such an evaluation if it is presented with evidence that would reasonably suggest a mental health issue in either parent. Because a custody order must be based upon what the court finds to be the best interests of the child, a parental psychiatric examination can be very relevant to the court’s consideration.

In my experience, it is not terribly common for psychiatric evaluations to be ordered in a domestic case. Certainly, the requesting party bears the burden of convincing the judge that there is a reasonable suspicion that the other party has psychiatric issues. Testimony and other evidence must be presented to sway the judge.

If the court were to find concerning mental health issues, it may place the children in Dwyane Wade’s physical custody unless or until Siohvaughn took recommended steps to address and resolve those issues.

Library Topics: divorce, custody