In the midst of a divorce, you’re likely doing everything possible to protect your child’s emotional health. Engaging a counselor is often part of that effort. But as you navigate this journey, questions may arise about the role these professionals play in court.
In the video, Atty. Heather Ogier of Turner-Monahan PLLC sheds light on how much of your child’s therapy remains confidential and what could potentially be disclosed in legal settings. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Understanding the Role of Counselors in Divorce Cases
When parents are dealing with a divorce, one common concern is the involvement of a counselor or therapist in their child’s life. A key worry is whether the counselor might share confidential information with lawyers or in court. Let’s break down how this typically works.
Confidentiality in Therapy
Counselors play a crucial role in building trust with the child during therapy. Their primary goal is to create a safe space for the child to express their feelings. Because of this, counselors generally do not disclose every detail discussed in therapy sessions. They are careful about what they share in court if they testify at all.
The Impact of Counselor Testimony on Divorce Proceedings
While counselors generally maintain confidentiality, their testimony can still have a significant impact on divorce proceedings. If a counselor does testify, even about general concerns, their professional opinion can carry weight in court.
Judges may rely on a counselor’s testimony to understand the child’s emotional state and needs, which can influence decisions about custody and visitation. Parents should be prepared for the possibility that a counselor’s testimony, even if not detailed, can affect the outcome of their case.
What Can Be Shared in Court?
The extent of what a counselor can share in court varies. Most counselors prefer to discuss general concerns rather than specific details of conversations. They might express concerns about broader issues without quoting the child directly. This approach helps protect the child’s trust and privacy.
In more serious cases, a counselor might request a private meeting with the judge to discuss concerns more openly without escalating conflicts between parents.
The Importance of Ethical Counselors
While most counselors adhere strictly to ethical guidelines, it’s important for parents to be aware that not all counselors are equally effective. Ethical counselors will inform the child about the confidentiality agreement at the beginning of therapy, reassuring them that not everything they say will be reported back to their parents. This is vital in helping the child feel safe.
Limits to Confidentiality
There are, however, exceptions to confidentiality. If a child is in danger, the counselor has a legal duty to report it. Outside of this, the counselor might inform parents if the session was generally good or challenging and offer advice on how to support the child at home.
However, counselors are not there to gather negative information about the other parent to use in court. Their focus is on the well-being of the child, not on feeding the parents’ conflicts.
Working Together for the Child’s Best Interest
In Tarrant County, for example, many counselors work regularly with the same legal professionals, which helps create a collaborative environment. The goal is always to manage the situation in a way that minimizes harm to the child and to keep sensitive information confidential to avoid making things worse for the family.
Choosing the Right Counselor for Your Child
Selecting the right counselor for your child during a divorce is crucial. Parents should seek out a counselor who is experienced in working with children of divorce and who understands the importance of maintaining confidentiality while still fulfilling their legal obligations.
A counselor with a strong background in family dynamics and child psychology can provide the necessary support to help your child cope with the changes, while also handling any legal aspects professionally.
What Does the Texas Family Code Say?
Understanding the Texas Family Code is essential for parents navigating a divorce, especially when it involves children and counseling. Here are some relevant sections:
Section 153.002 – Best Interest of the Child: This section emphasizes that the best interest of the child should always be the primary consideration in any custody or visitation decision. This principle guides how courts assess the relevance of a counselor’s testimony.
Section 153.009 – Interview of Child in Chambers: This statute allows the judge to speak with the child in a private setting to understand their preferences without exposing them to courtroom stress. A counselor’s insights might inform these interviews.
Section 153.131 – Presumption That Parent to Be Appointed Managing Conservator: There is a presumption that it is in the child’s best interest to have a parent appointed as the managing conservator unless there is evidence to the contrary. Counselor testimony could potentially influence this decision if concerns about a parent’s ability to care for the child are raised.
Section 261.101 – Duty to Report: This statute requires anyone with knowledge of child abuse or neglect, including counselors, to report it to the appropriate authorities. This is one of the few instances where a counselor must break confidentiality.
Having an attorney who understands these statutes and how they apply to your situation can be invaluable. They can explain these legal concepts in detail and help you navigate your case with confidence.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Divorce is never easy, and it becomes even more complex when children are involved. Understanding the role of counselors and the legal landscape surrounding their involvement can make a significant difference in your case. For personalized advice and to ensure your child’s best interests are protected, consult with a qualified family law attorney who can guide you through the process.
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.
- 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.
