Court Rejects Dwyane Wade's Request for Mental Evaluation on Ex-Wife

The Miami Heat star suffers setback in ongoing custody battle.

Posted: 10/24/2013 08:45 AM EDT
Siohvaughn Funches, Dwyane Wade

Dwyane Wade's bid to get sole custody of his two sons just got a little bit harder. A Miami court rejected the NBA star's request to have his ex-wife Siohvaughn Funches mentally evaluated. The court found that Funches' erratic display in front of a Chicago courthouse over the summer — during which she staged a videotaped protest over the couple's financial settlement — is insufficient grounds to order the evaluation.

Wade’s lawyers used the protest to allege that Funches is mentally unstable and a danger to others to support their attempt to limit her interaction with her sons. Rather, Funches was a woman “passionately voicing her views,” the court's opinion reads. To make matters worse for Wade, the appeals court also ordered the judge on the case, Antonio Marin, removed for his siding with Wade and denying Funches “the most basic right of due process.”

“Justice prevailed," said Funches' lawyer Lisa Macci. "I’m just happy the appeals court was not swayed by [Wade’s] celebrity status as law should not be.”

Wade filed for divorce from Funches in 2008 and the split was finalized three years ago. Wade has been happily coupled up with Gabrielle Union for nearly five years, though he did admit on the Tonight Show With Jay Leno that he and the Being Mary Jane star took a brief break from their relationship earlier this year.

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(Photos from left:  Courtesy Cook County Sheriff Office, Mark Davis/Getty Images)

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