When mental health issues intersect with divorce, the situation can become particularly challenging. It’s important to understand how the courts approach these cases to safeguard the well-being of everyone involved.
In the video, Atty. Tina Campbell and Atty. Heather Ogier of Turner-Monahan PLLC provides a comprehensive look at how mental health is managed in divorce, offering guidance and support for those in need. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Addressing Mental Health in Divorce
Mental Health as a Treatable Condition
It’s great that mental health is now recognized as an illness, much like diabetes. It is treatable, and there are ways to help overcome it. But what happens if someone doesn’t have a diagnosis? What if one spouse thinks the other is dealing with a mental health issue, and until they get help, the kids might not be safe around them?
For instance, imagine a scenario where one spouse believes the other is dealing with depression. They notice signs like withdrawal from family activities, mood swings, and neglect of personal hygiene. The concerned spouse might worry about the safety and well-being of their children around the other spouse until they receive proper treatment.
Psychological Evaluations in Divorce Cases
If there is an event that suggests a mental health issue, the court can order psychological evaluations. For example, if one parent exhibits erratic behavior or there’s evidence of substance abuse, the court might order an evaluation to understand the parent’s mental state better.
It’s not uncommon for courts to mandate various types of counseling for families. This could be reunification counseling, where the goal is to restore the relationship between a parent and child, or individual counseling for a specific parent. There needs to be a basis for these orders; claims must be backed by facts, not just accusations.
Court-Ordered Counseling
Courts are addressing mental health issues more regularly now than before. If one party requests a psychological or psychiatric evaluation of the other, the court often makes it mutual. Both parties may have to pay for the evaluations or use family insurance if it’s a divorce. This approach can be very beneficial in some cases.
Impact on Child Custody
Mental health issues can significantly affect child custody decisions. Courts prioritize the best interests of the children, and if a parent’s mental health condition is perceived to pose a risk, it can influence custody arrangements.
For instance, suppose if a parent is diagnosed with bipolar disorder and has a history of not adhering to treatment, the court might decide on supervised visitation or temporary custody changes until the parent receives adequate treatment. This ensures the child’s safety while allowing the parent to work towards stability.
Role of Mental Health Professionals
Mental health professionals play a critical role in divorce cases involving psychological issues. They provide evaluations, therapy, and expert testimony. Their assessments can be crucial in determining the necessary interventions and ensuring that the family receives appropriate support.
Addressing Stigma and Support Systems
Despite progress, there is still a stigma associated with mental health issues. It is important for divorcing parents to build a strong support system, including friends, family, and mental health professionals. This support can help navigate the challenges of divorce and promote a healthier environment for everyone involved.
Financial Implications of Mental Health Treatment
Mental health treatment can be expensive, and divorcing couples need to consider the financial implications. Health insurance might cover some treatments, but there could be out-of-pocket expenses.
For example, if a court orders counseling for a parent and it is not fully covered by insurance, the couple might need to negotiate how to share these costs. Understanding these financial aspects can help reduce stress and ensure that necessary treatments are accessible.
What Does the Texas Family Code Say?
The Texas Family Code includes provisions specifically related to mental health in divorce and custody cases, ensuring that the child’s safety and well-being are prioritized. Here are some key statutes and their simple explanations:
Section 153.004 – History of Domestic Violence
This section requires the court to consider any evidence of family violence, abuse, or neglect when determining custody arrangements. If a parent has a history of domestic violence, this will be a significant factor in the custody decision, ensuring the child’s safety.
Section 153.009 – Interviews of Children in Chambers
This section allows the court to interview children privately in chambers to understand their feelings and preferences regarding custody. This can be particularly important if there are concerns about a parent’s mental health affecting their ability to care for the child.
Section 153.010 – Counseling
Under this section, the court can order counseling for parents, children, or families involved in a custody dispute. This can include individual therapy, family therapy, or reunification counseling, helping to address mental health concerns and improve family dynamics.
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.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Navigating mental health issues in divorce requires careful consideration and support. Consulting with a family law attorney can help ensure that all legal aspects are properly addressed and that the best interests of the children are prioritized.
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.”
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.
- How Does A Father File A Paternity Suit To Prove Paternity?
- Who Pays The Attorney Fees In A Divorce?
- What Is The Difference Between A Legal Separation And A Divorce?
- Can I Still Get Medical Insurance Benefits From My Spouse’s Employer After The 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.
