Mental health issues can significantly impact individuals going through family law matters, such as divorce or custody modifications. Recognizing and addressing these concerns is crucial for ensuring the well-being of everyone involved.
In the video, Atty. Heather Ogier of Turner-Monahan PLLC provides valuable insights and practical advice for managing mental health, along with how courts view cases where parties have mental health-related accusations. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Awareness of Mental Health Issues During Family Law Matters
If someone has a diagnosed mental health issue, it’s important to recognize that going through a divorce or any kind of custody modification will add another level of stress and anxiety. Ensure that your therapist is informed about your personal life events. If necessary, adjustments to medications should be made, especially for teenagers. Properly treating your mental health will not be held against you.
Addressing Mental Health Diagnoses
Having a mental health diagnosis while navigating through these processes is not an issue. Life changes and mental health can be a part of those changes. It’s common for parties to accuse each other of having mental health issues. This is especially frequent in family law matters, particularly during divorce or custody issues. Emotions run high in these situations, and this is normal.
Reducing Stigma and Court Perception
The stigma around mental health is not as prevalent as it used to be. Courts are increasingly frustrated when mental health issues are used as weapons against the other party. Judges are quick to address this misuse.
We all need to be more aware of how these situations affect us. It is a positive shift that society is becoming more conscious of mental health treatment and that acknowledging it is now okay.
Recognizing Mental Health Issues
Understanding and recognizing mental health issues is crucial, especially during stressful family law matters. Symptoms like increased anxiety, depression, mood swings, and difficulty concentrating can become more pronounced.
If you notice these signs in yourself or a loved one, it’s important to seek professional help promptly. Early intervention can make a significant difference in managing these issues effectively.
What to Avoid When Under Pressure
When dealing with the pressures of divorce or custody modifications, certain behaviors can worsen the situation and negatively impact your case. Here are key actions to avoid:
Avoid Excessive Calling and Texting: Repeatedly calling or texting the other party can escalate conflicts and may be viewed negatively in court.
Manage Anger: Losing your temper can lead to regrettable actions and statements. Take time to cool down before responding.
Limit Social Media Use: Posting about your situation on social media can be used against you. Be mindful of your online presence.
To learn more about what should be avoided during a divorce trial, download our free guide, “5 Mistakes That Are Going to Hurt Your Divorce,” now!
Keeping Track of Details
During legal proceedings, you might not remember every detail. Maintaining a calendar, diary, or journal can help you keep track of important dates, events, and interactions. Documenting everything ensures you have accurate records to refer to, which can be invaluable in court.
Avoiding Hasty Moves
In times of stress, it’s easy to make impulsive decisions. Avoid making hasty moves such as quickly changing living arrangements or making financial decisions without consulting your lawyer. Take time to consider all options and seek advice from trusted professionals to avoid regrettable mistakes.
Understanding the Circumstances
Understanding your circumstances and the potential outcomes of your actions is critical. A lack of understanding can lead to poor decisions that might negatively affect your case. Educate yourself about the legal process and possible scenarios. Stay informed and work closely with your legal team to navigate the complexities of family law matters effectively.
What Does the Texas Family Code Say?
The Texas Family Code has specific rules for handling mental health issues in family law cases, including divorce and child custody:
Termination of Parental Rights Due to Mental Health Issues
Under the Texas Family Code § 161.003, a court can terminate the parent-child relationship if it is proven that a parent has a mental or emotional illness that makes them unable to care for the child’s needs. The court must be convinced that this condition will continue until the child turns 18.
The Department of Family and Protective Services must have been the child’s managing conservator for at least six months before the hearing. The court must also find that terminating the relationship is in the child’s best interest.
Grounds for Divorce Due to Cruelty
Under Texas Family Code § 6.002, a court may grant a divorce if one spouse is guilty of cruel treatment towards the other, making living together insupportable. This provision helps protect individuals from abusive relationships and recognizes the impact of such treatment on mental health.
Mental Health Examinations in Family Law Cases
Rule 204.1 of the Texas Rules of Civil Procedure allows a party to request a mental examination of another party if their mental condition is relevant to the case. The court can order this examination if there is good cause. In divorce cases involving children, the mental health of the parents is particularly important, as it affects decisions on custody and visitation based on the child’s best interests.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Addressing mental health during family law matters is essential for everyone’s well-being. Turner Monahan PLLC attorneys can help you navigate these challenges with understanding and legal support.
Just call us at 817-332-4477 or schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “How Do Attorneys Help Navigate The Emotional Turbulence Of Divorce?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- During A Custody Hearing, Are The Laws Different For Mothers And Fathers?
- Getting An Order Enforced For Child Custody, Marital Or Children Support, And Others
- Should I Tell My Lawyer The Truth About Everything?
- Can Instagram Messages Be Subpoenaed For Divorce?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
