Can Courts Intervene in Children’s Mental Health Issues During Divorce?

Divorce is a challenging process for everyone involved, especially children. The emotional turmoil and lifestyle changes can significantly impact their mental health, often exacerbating existing issues. Understanding the complexities of these impacts is crucial for providing the necessary support to children during such trying times.

In the video, Atty. Tina Campbell of Turner-Monahan, PLLC, discusses the impact of divorce on children’s mental health and the importance of addressing these issues for their well-being. All case evaluations are based on Texas Family Law. This content is for educational purposes only.

Mental health issues have become more prominent, especially with the impact of COVID-19. The pandemic has significantly affected children, leading to increased anxiety and depression. Many children are struggling to cope with the changes and uncertainties brought about by the pandemic, and this has had a profound impact on their mental well-being.

Are divorces happening because children are struggling with mental illness and one parent is in denial about the issue? This is often a contributing factor. Although I can’t pinpoint specific cases where this was the sole cause, mental health issues frequently play a role in divorces involving children. When a child is dealing with anxiety or depression, the stress of an impending divorce can intensify these issues, making the situation even more challenging for the family.

It’s common to see one parent dismissing the mental health concerns while the other is highly involved. This disparity can lead to conflicts, and the court often steps in to find a balance. The court may instruct the dismissive parent to acknowledge the reality of the situation while advising the overzealous parent to step back a little. Finding a middle ground is crucial to ensure that the child’s needs are adequately addressed without causing further tension between the parents.

Children often struggle more, even in relatively amicable divorces, due to the significant changes and fears they face. They witness their friends’ parents divorcing, and this amplifies their anxiety and fear, even if their own parents are handling the situation well. The constant exposure to divorce among their peers creates a sense of instability and insecurity, further exacerbating their mental health struggles.

The Texas Family Code provides various statutes that address the well-being of children during a divorce. Here are a few relevant sections:

This section states that the primary consideration in any conservatorship decision is the best interest of the child. The court considers various factors, including the child’s emotional and physical needs and the ability of each parent to provide for those needs.

This section allows the court to consider the preferences of a child 12 years of age or older regarding conservatorship or the parent with whom the child will primarily live. The court may also interview younger children if it deems appropriate.

This section outlines the rights and duties of each parent, including the right to make decisions concerning the child’s education and healthcare. Both parents are encouraged to share these responsibilities to support the child’s well-being.

This section emphasizes that joint managing conservatorship is preferred unless there is a history of family violence or other factors that would make it detrimental to the child. Joint conservatorship allows both parents to play an active role in the child’s life, which can help mitigate the negative effects of divorce.

Reach out to our attorneys to explore how these statutes can affect your situation. We’re here to offer the support and advice you need.

Divorce can exacerbate existing mental health issues in children, and parental disagreement over these concerns can further complicate the situation. It’s crucial to recognize and address the mental health needs of children during these challenging times. 

By consulting with a family law firm like Turner Monahan and working with an experienced attorney, parents can help mitigate the negative impact of divorce on their children and provide the necessary support to navigate this difficult period.

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 is Child Support Determined in Texas.

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. 

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.

Speak to an Attorney today at the Law Office of Turner-Monahan to see how we can assist you in your divorce!

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