Mental health concerns can have a significant impact on both divorce and custody proceedings. When one or both spouses struggle with a mental illness, the stakes can feel even higher. Women often face a unique emotional burden in these situations, especially when children are involved. The overwhelming stress of divorce alone can lead to feelings of depression, anxiety, and despair.
At WSM, we understand the unique challenges that women face in family court. Whether your spouse is alleging that you are mentally unfit to parent or you have concerns about whether your soon-to-be ex’s mental state could make him a danger to you or your children, we’re here to help.
We are proud to represent women in Ohio, Indianapolis, Kansas City, Northern Kentucky, and Central Texas. Call 380-212-3731 to schedule your free consultation so we can listen to your story and help you better understand your options.
Divorce and custody cases involving mental health issues require special considerations. The courts may consider mental illness when evaluating issues like child custody. If one party’s mental state interferes with their ability to parent or manage finances, that could influence how a judge makes rules on important matters.
Sometimes, women are accused of having mental health problems by their spouses. Divorce can be an incredibly emotional time, and women may be understandably shaken by the prospect of losing access to their children. False accusations are not uncommon in high-conflict divorces.
The legal team at WSM can take proactive steps to ensure that you are not misrepresented in court. If you do have a diagnosed mental health condition, that should not be used as the sole basis for determining issues like child and spousal support.
When custody is disputed, the court may order an evaluation to help determine what arrangement serves the interests of the child. Sometimes, one or both parties may be required to undergo a psychological evaluation, sometimes known as a psych eval.
A mental health professional may be appointed to assess both parents and children. Although these professionals are tasked with making a final report to the judge, the judge ultimately determines how matters like child custody are set when both parties cannot come to an agreement.
These evaluations often include:
The process is not always straightforward. Evaluators can bring their own assumptions, and their findings may or may not align with your personal experience.
At WSM, we help our clients prepare for custody evaluations and address any concerns that arise during the process. If your spouse is undergoing an assessment, we work to ensure the evaluator is made aware of any behaviors that could endanger your child’s well-being. Likewise, if you are being evaluated, we help you present yourself clearly and calmly without fear of judgment.
Although many people are able to work and raise a family with a diagnosed mental health condition, there are times when a mental illness can lead to dangerous situations that the courts have to take seriously. These may include:
When these issues affect a parent’s ability to safely care for a child, the court may restrict custody or require supervision. If you have concerns about your spouse becoming a danger to yourself or your children, you can work with your attorney.
Together, you can explore remedies that can include protective orders, supervised visitations, emergency custody orders, or temporary restraining orders. Your attorney can help you gather evidence for your request. Some orders may be given on an emergency basis.
Divorce is one of the most stressful experiences a person can go through. It is normal to feel sadness, anger, anxiety, or confusion as you deal with custody and asset division matters. If you already manage a mental health condition, divorce can intensify your symptoms.
Taking care of yourself is essential during this time. This might include staying connected to a therapist, building a strong support network, and avoiding situations that escalate conflict. The legal team at WSM is committed to reducing the stress of the legal process so you can focus on your healing.
You are not alone. Many of our clients are women who are navigating major life changes while working to protect their mental health and provide a stable future for their children. We work to ensure the court respects your efforts and sees your full capabilities as a parent.
One challenge many women face in divorce court, if they have a mental health condition, is stigma. Even today, outdated views on common conditions like depression, anxiety, and mood disorders can unfairly influence how a parent is judged. Women are far more likely to be labeled as “emotional” or “unstable” than men.
Mental health issues can also lead to emotional abuse by the other partner. During a custody dispute, one parent may use mental health issues to attempt to alienate the child from the other parent by exaggerating mental health issues or undermining the parent’s authority.
No one should be subjected to these tactics, but they do happen in court. Having strong legal representation can help you push back against these and other tactics. With legal representation, your attorney can refocus the discussion on what you have and haven’t done.
If your divorce or custody case involves mental health issues, do not wait to seek legal guidance. These cases require skill, preparation, and compassion. At WSM, we help women protect themselves and their children while navigating the added stress of mental health concerns.
Call 380-212-3731 to schedule your free consultation. Let us help you take the next step toward safety, clarity, and peace of mind.
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The information provided on this website does not, and is not intended to, constitute legal advice. All information and content available on this site is for general informational purposes only. The laws are constantly changing and can be interpreted differently by different judicial officers. The specific facts of your case could alter or otherwise render the information on this website inaccurate or otherwise inapplicable. WSM Law does not provide legal advice until a formal Engagement Agreement is signed by and between a client and the firm and an initial retainer payment is made; it is only after this that we can truly assess your case and provide legal advice.
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