The Complicated Intersection Between Divorce, Mental Health, and Custody Disputes | Mandelbaum Barrett PC

Divorce is stressful. It brings out extreme emotions including sadness, fear, excitement and anger. A spouse may have felt that their relationship was bad for quite a while before one or both of them agreed to a divorce. Relationship breakdown and the resulting chaos often take a toll on people's mental health.

Mental health and ability to properly care for the child

When mental health issues accompany the custody battle, it can make the situation even more stressful. A court cannot address a party's mental health issues across the board; The analysis must consist of whether the psychological problems have a negative impact on a child. Can the sick party adequately care for the child?

If a person has mental health issues and has been diagnosed with disorders, this can complicate the process. A custody expert interviewing the parties wants to see closely the psychological state of each potential litigant; You want to see someone who is calm, sensible and capable of caring for a child.

Use of experts in custody evaluations

The use of an expert is critical in any custody evaluation. The expert examines the well-being of the children and checks whether a psychological problem of one of the parties has a negative impact on the children. Experts largely focus on behaviors; The goal in a custody case is always to serve the best interests of the children.

If there are mental health issues, safeguards can be put in place to limit the time the parties spend with the children, such as: B. Supervision, updates and reviews, therapy, family counseling, the appointment of a guardian ad litem, and investigations and reports to the court. A parent coordinator is also sometimes appointed to help manage disputes between the parties.

Nobody wants a child to be harmed. In addition to the parties' statements, a comprehensive custody proceeding may include the use of multiple experts, sureties, a guardian ad litem and an attorney for the child, involvement of DCP&P in New Jersey, the police, and DV hearings. When situations are exacerbated by psychological issues, problems arise.

The experts want to find out whether a child is safe and whether the situation is really good for the child.

Courts can assess the situation and take action to ensure that children are protected if alcohol or drug problems arise, one party behaves improperly, is excessively harsh on the children, or there is violence, etc. Sometimes clients and lawyers agree to this in court and in other cases they may feel that the court is overwhelmed or unable to respond to the situation and that a trial may be necessary.

The role of advice

A party suffering from mental health issues will most likely benefit from seeking counseling to best resolve the issues in order to serve the best interests of the children.

Parenting can be very difficult at first, and if a parent is struggling with mental health issues, the therapist or coach can be very helpful and occasionally help alleviate some of the issues. A parenting coach can provide tips on how to deal with stressful situations.

Mental health problems can occur at any time. A party can bring mental health issues to the court's attention at any time until the children are released. There is never a final decision in a custody case. In New Jersey, when circumstances change, either party can request court intervention to address problematic behavior and issue orders to protect children. The court stands in the position of the parents of the patriarchy.

Impact on children's mental health

Mental health problems are everywhere. Parents need to be particularly careful to ensure that their mental health issues do not become problems for their children. The divorce of their parents is almost always a burden for children. If a child has mental health issues, divorce can make those issues worse. It is important to provide therapy to children who need it. Children need to be more closely monitored during the procedure. Parents must do their best to communicate with each other about their children, if necessary with the help of an expert. If a child is having problems in one parent's home, this information must be shared with the other parent. Such information exchange can be made more difficult if the parties do not agree on custody. The well-being of the child takes precedence over everything else and helping the child must come first. Treatment plans must be agreed upon unless one parent has been awarded sole custody. It is important that parents receive help making decisions when needed.