In re the Marriage of Ricketts

Quinn-Brintnall, A.C.J.

As part of a child custody dispute, the trial court commissioner ordered the father to undergo a psychosexual evaluation. The evaluation required him to submit to examination by penile plethysmograph. The father objected, claiming the test violated his substantive due process rights. He also argued that the test results do not meet the Frye1 standard for admission of scientific evidence. We granted interlocutory discretionary review and stayed the other proceedings pending resolution of this issue. We hold that in a child custody dispute, barring a conviction for sexual…