When life takes unexpected turns, it’s easy to feel overwhelmed, especially when your mental health is part of the equation. Whether you’re considering a divorce or a custody change, the path ahead may seem uncertain. But with the right guidance and honesty from the start, you can take control of your journey and make informed decisions.
In the video, Atty. Tina Campbell of Turner-Monahan PLLC offers essential guidance on managing mental health concerns during legal consultations, emphasizing the importance of openness and how courts perceive cases involving mental health-related issues. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Importance of Disclosing Mental Health Information in Your First Consultation
When you’re facing a divorce or custody change and have mental health concerns, it’s crucial to share this information with your attorney during the initial consultation. By doing so, everyone involved can provide better advice and understanding. Being open about your mental health ensures that your attorney has all the necessary details to help you effectively.
Preparing for the Consultation
Before meeting with your attorney, prepare yourself to discuss your mental health openly. It’s important to share this information in the way that feels most comfortable to you. Some clients may bring detailed medical records, while others may simply mention that they’ve talked to someone.
Regardless of how you choose to share, have confidence that your attorney will keep this information confidential. Just because you tell your attorney something doesn’t mean it will automatically be used or revealed.
However, it’s essential to provide all relevant details, whether it’s about your mental health, financial situation, employment, or personal matters like infidelity. This information helps your attorney build the best possible case and offer the best advice.
No Need to Feel Embarrassed or Judged
It’s natural to worry about feeling embarrassed or judged when discussing personal issues, but remember that your attorney is there to help, not to judge. With years of experience, attorneys have heard it all and are unlikely to be surprised or shocked by anything you share.
Life is complex and rarely black and white, so don’t hesitate to be honest. Your attorney understands that we’re all human, and sharing upfront information is vital for moving forward in your case.
The Role of Therapy and Counseling in Divorce Cases
Seeking therapy or counseling can be highly beneficial during a divorce, especially if mental health issues are present. Therapy can provide you with tools to cope with the emotional stress of the divorce process and help you present yourself in a positive light during legal proceedings.
Additionally, showing a commitment to improving your mental health through counseling can strengthen your case, as it demonstrates to the court that you are taking proactive steps to address your mental health.
Documenting Your Mental Health Journey
It’s important to keep detailed records of your mental health journey, including any diagnoses, treatments, and progress made. This documentation can be crucial in your divorce or custody case.
By providing this information, you offer tangible proof of your mental health status and your efforts to manage it effectively. This can help counter any negative assumptions and provide the court with a fuller picture of your capabilities as a parent or individual.
What Does the Texas Family Code Say?
The Texas Family Code has specific sections and statutes that address mental health in divorce and custody cases:
Section 153.002: Best Interest of the Child – This statute emphasizes that the primary consideration in any custody case is the best interest of the child. If a parent’s mental health condition affects their ability to care for the child, it will be taken into account.
Section 153.004: History of Domestic Violence or Mental Health Concerns – This section allows the court to consider any history of domestic violence or mental health issues when making custody decisions.
Section 154.123: Additional Factors Considered for Child Support – Mental health can be considered as a factor in determining child support, especially if it affects a parent’s ability to work.
Section 6.501: Temporary Orders in Divorce Cases – This statute allows the court to issue temporary orders for support, custody, and other matters during the divorce process, including orders related to mental health care.
Having an attorney who understands these statutes and can explain how they apply to your case is crucial. They can guide you through the legal process, ensuring that your rights are protected and that your mental health is appropriately considered.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
If you’re in the DFW area and realize that your mental health might be affecting your ability to get custody or leave a bad marriage, don’t hesitate to reach out.
You can contact us by phone at 817-332-4477, or visit our website at twomolaw.com to set up a free consultation. We offer free initial consultations and are available to meet in person, over the phone, or via Zoom, whichever works best for you.
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.
- What Are Divorce Decree Modifications?
- Do I Need a Postnuptial Agreement?
- Can I Change My Child’s Last Name After Divorce?
- 18 Divorce Do’s and Don’ts
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.
