Authored by Stephanie Smith, Esq.
For some families with children experiencing divorce, mental health challenges create concerns about parenting capacity, and sometimes require implementing safeguards in order to provide frequent and continuing contact with a parent. Some diagnoses that may fall under this topic are Substance Abuse/Addiction, Bipolar Disorder, and Major Depressive Disorder.
When minor children are involved, the Collaborative Divorce Process includes the development of a Parenting Plan. The Parenting Plan is prepared by a mental health professional who serves on the Collaborative Team as a Coach. A Coach offers ongoing support to the parties throughout the Process, including on topics relating to co-parenting.
In addition, the Collaborative Team may include another mental health professional serving as a Child Specialist. A Child Specialist is a neutral team member who meets with the parents and the children, and then reports back to the Team with feedback on the children’s development, needs, and preferences (if age appropriate). This feedback helps the parents and their Team develop a well-informed and long lasting Parenting Plan.
When there are mental health concerns, the Coach and Child Specialist will help the team specifically address the symptoms or behaviors of a parent’s mental illness so that a child or children can maintain a relationship and connection with the parent. In these circumstances, the Coach or Child Specialist may be tasked with building visitation transition stages and/or developing safety protocols, such as monitoring and intervention triggers.
Mental health concerns frequently involve feelings of distrust and uncertainty amongst the parents. To help address this, the Collaborative Team’s mental health professionals can provide neutral and informative education about various mental health diagnoses impacting their family, and help correct any misconceptions. Moreover, the Collaborative Divorce Process requires full disclosures and transparency, and ensures that the parents have a Team to return to in the future if new or different challenges arise down the road.
Although mental health concerns will create added stress and tension for a family working to develop a plan for their children, the Collaborative Divorce Process provides parents with ample resources, a safe space, and supportive Team who can facilitate the development of a Parenting Plan that focuses solely on meeting the children’s well-being.