Divorce can be a challenging and emotional process for everyone involved. Maintaining mental and physical health during this time is crucial for your well-being and your family’s stability. Understanding how to manage these aspects can make a significant difference in your divorce experience.
In the video, Atty. Tina Campbell of Turner-Monahan PLLC discusses the importance of addressing mental health during the divorce or child custody process. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
The Shift in Perception
Before COVID-19, mental health issues were heavily stigmatized. People often panicked if someone mentioned a mental health issue, and there was a significant fear of seeking help.
Many were afraid of going to counselors or admitting they were taking medication. However, since COVID, we’ve seen a significant shift. Now, we encourage clients to recognize that mental health is as important as physical health.
Comparing Mental Health to Physical Health
Your mental health is just like your physical health. If you’re treating conditions like asthma or diabetes by following your doctor’s advice and taking prescribed medications, they don’t negatively affect you.
The same applies to mental health. If you acknowledge a problem, seek professional help, and follow the professional’s directions, it won’t be used against you. However, ignoring the problem, pretending it doesn’t exist, or misusing medications can create more issues, making your mental health a real concern.
Co-parenting and Mental Health
Effective co-parenting requires both parents to be in good mental health. Addressing mental health issues can improve communication and cooperation, making it easier to focus on the best interests of your children. It ensures a more stable and supportive environment for them during and after the divorce.
Impact on Visitation and Custody
Courts consider mental health when making decisions about visitation and custody. Demonstrating that you are actively managing your mental health shows the court that you are responsible and capable of providing a stable environment for your children. Ignoring mental health issues, on the other hand, can negatively impact your case.
Maintaining Composure in Court
Divorce proceedings can be stressful and emotionally charged. Maintaining composure in court is essential for presenting yourself as a responsible and stable parent. Proper mental health management helps you stay calm and focused, which can positively influence the court’s perception of you.
Hasty Decision-Making and Mental Health
Making hasty decisions during a divorce can lead to long-term negative consequences. Ensuring you are in good mental health allows you to make more thoughtful and informed decisions. This approach can help you avoid regrettable choices and ensure better outcomes for you and your family.
Sometimes, negotiations are made hastily, and modifications later might be tough. This can get even tougher when children are involved, so having the right mindset during proceedings and discussions is crucial.
Importance of Acknowledgement and Treatment
Recognizing and treating mental health issues is crucial. When you do, it makes you a better parent, co-parent, and litigant in all your cases. This positive shift in mental health perception has been significant compared to five or ten years ago. So, acknowledge your mental health, treat it, and move forward.
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:
- Section 6.501 talks about temporary restraining orders during a divorce. These orders can stop one spouse from harassing or causing emotional stress to the other, helping to keep things peaceful during the divorce.
- Section 6.504 allows for protective orders during a divorce. These orders can limit one spouse’s behavior to protect the other spouse’s mental and emotional health.
- Section 6.505 lets the court send both spouses to counseling while the divorce is ongoing. The counselor reports back to the court, which can help in deciding if the couple might reconcile or how to proceed with the divorce. Counseling can also help address mental health issues.
- Section 153.002 states that the child’s best interest is the most important factor in decisions about custody and visitation. Mental health is a key part of what’s best for the child.
- Section 153.004 requires the court to look at any history of abuse or mental health issues when deciding on custody. The court also checks if the parent is getting treatment and following medical advice.
- Section 153.005 allows the court to consider if a parent is mentally and emotionally capable of taking care of the child when deciding custody arrangements.
- Section 153.009 allows the court to talk to the child privately to understand their wishes about living arrangements and custody. The court can also order a mental health evaluation of a parent if there are concerns about their mental health affecting the child.
- Section 153.372 focuses on supervised visitation. If a parent has untreated mental health issues, the court might require that visits with the child be supervised to ensure the child’s safety.
At Turner Monahan, we understand the emotional and complex nature of family law cases because we are parents, children, and siblings ourselves. We know how important it is to create a stable and supportive environment for your family.
For personalized advice and to understand how the Texas Family Code applies to your situation, contact our experienced family law attorneys. We are here to help you navigate these challenging times and ensure the best possible outcome for you and your loved ones.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
By addressing mental health issues and seeking proper treatment, parents can significantly impact court decisions regarding custody, visitation, and divorce. For those in the DFW area, or anyone facing a high net worth divorce, contacting us is straightforward. 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 “When Should I Consult A Divorce Attorney?”
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.
