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Child Safety & Wellness Concerns – In divorce or paternity cases involving children, it is common for one or both parents to express concern about the other’s parenting skills or other issues that affect the well-being or development of the child, including, but not limited to domestic violence, physical abuse, sexual abuse, verbal abuse, child neglect, corporal punishment, substance abuse, and mental health concerns. Sometimes these family issues intersect with Department of Child Safety (“DCS”) reports and involvement. When a child’s safety is endangered, it is imperative for a parent to take steps necessary to protect the child. Without guidance a parent may not know or have the resources in place to protect them, which will allow them to develop in a healthy manner; intervention is needed for their safety and well-being.
CASE EXAMPLE: A parent retained us with allegations of abuse by the other parent. We filed a Petition for Dissolution and a Motion for Emergency Temporary Orders. Based on our Motion, within 48 hours, our client was granted an emergency Order that prevented the other parent from having any parental access, giving the children and their healthy parent time to obtain a safe place to reside and begin the healing process.
Domestic Violence & Abuse – Cases that include domestic violence or abuse, including physical abuse, emotional abuse, verbal abuse, coercive control, sexual abuse, financial abuse, etc., require additional awareness, understanding, and planning to ensure survivor safety and mitigate risk to any children involved.
CASE EXAMPLE: We were retained by a Father after the children’s Mother made false allegations of abuse. We obtained records and evidence that illustrated Mother was mentally unstable, resulting from her refusal to take her prescribed medication. During the Temporary Orders hearing, we secured a mental health provider to testify that Mother’s thoughts and actions were not based on reality, and without appropriate treatment, she was a danger to herself and to her children.
Substance Abuse Issues – In cases where one or both parties struggle with addition or substance abuse issues, we work with our clients to get diagnosis, treatment, and supervision for the addicted party. And we work strategically to ensure the safety and well-being of the other party and the children.
CASE EXAMPLE: We were retained by a Mother who asserted that Father had substance abuse issues. We obtained evidence and documentation that supported Mother’s claims and, ultimately, were able to get Father into a treatment facility to treat his illness. After he was well into his treatment program, we were able to reintroduce the children in a safe and healthy environment that fostered healthy development for the children and likely helped facilitate Father’s sobriety.
Mental Health Concerns – Cases involving mental illness require sensitivity and understanding. Not everyone who has mental illness is dangerous; but serious mental illness can be damaging to children and families.
CASE EXAMPLE: We were retained by Mother when Father became very unstable. We were able to secure Temporary Orders that prevented Father from having unsupervised access to the children, and we were able to secure an Order for treatment to diagnose and treat Father’s mental health issues. While Father was in the recovery process, we sustained supervised visits, followed by therapy sessions that helped ensure the childrens’ safety and their ability to process their relationship with Father in a way to avoid further developmental harm.
Parenting & Co-Parenting Issues – Even in amicable divorces, the issues of parenting time, legal decision-making, and communication can be challenging to navigate. In high conflict divorce, paternity, or post-decree matters, the challenges in these areas can feel insurmountable.
CASE EXAMPLE: We were retained for a Dissolution of Marriage matter in which the parents were unable to communicate effectively. We helped create and obtain communication orders and appropriate supervision which not only protected our client, but also the minor children who had previously been thrown into the middle of every parental dispute.
Parental Fitness Evaluations / Comprehensive Family Evaluations – When one or both parents struggle with high-risk behaviors that can negatively impact children, additional information is needed to determine the best interests of the children. A Parental Fitness Evaluation is done by a forensically trained mental health professional to assess a parent’s ability to provide a safe and stable environment for their children. Comprehensive Family Evaluations are expensive and time consuming, and are typically only ordered in the most challenging, high conflict custody cases, when serious allegations of abuse or domestic violence are in play. Both types of Evaluations provide the court with essential information to make informed decisions on parenting time and legal decision-making, in the best interest of the child(ren).
CASE EXAMPLE: We were retained by a parent for a Dissolution of Marriage matter wherein both parents alleged abuse and neglect by the other parent. Mother’s allegations against Father were much more severe. We obtained a Comprehensive Family Evaluation (“CFE”) expert who was able to demonstrate the patter of behaviors that were harmful to both Father and to the children. Ultimately, Father was able to demonstrate his ability to effectively co-parent, and he was able to regain his parental rights to raise his children.
Orders of Protection – In high conflict family law matters, it is common for one or both parties struggle with high-risk behaviors that negatively impact the other party, or their children. We are experienced in helping clients with Orders of Protection.
CASE EXAMPLE: We were retained by a client for a divorce. Based on the situation, her immediate concern was for her safety. We were able to get her an Order of Protection (“OOP”) that included herself and the children. The safety measures adopted as a result of the OOP helped Mother and the children transition into a safe situation after the divorce was finalized.
Your safety is a priority. If you need immediate help, call the National Domestic Violence Hotline at (480) 542-5885-SAFE (7233), or contact the Crisis Lifeline by calling or texting 988.
