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Unfortunately, the issues of safety, substance abuse, and mental health arise frequently during divorce cases. The attorneys at the Law Office of Bryan Fagan know that some of the most difficult circumstances can arise from family law cases. As a result, you need to be able to proceed confidently into a case. In some situations, you will not have a choice when beginning the case. Rather, a divorce may be exactly what you need to be able to protect yourself and those around you.
As we consider your safety, substance abuse issues, or mental health problems please begin to think about yourself and your children. It is not enough to begin thinking about these subjects during your divorce. Rather, it is necessary to consider these topics ahead of time. The more clearly, you’ve thought about these topics the better off you and your family will be. Certainly, having the perspective of an experienced family law attorney can go a long way toward helping you steer clear of potential issues.
Contact the Law Office of Bryan Fagan today with any questions you may have about safety, substance abuse, and mental health during your divorce. Do not leave it to chance. Have a plan and stick to it as you begin to walk through a divorce.
Keeping yourself and your family safe during a divorce
Issues related to safety, substance abuse, and mental health during a divorce create an atmosphere of unpredictability. When you have a spouse who acts in a way you cannot predict that leaves you at a significant disadvantage. Not only is it difficult to negotiate with that person when it comes to your case, but it is downright impossible to try and maintain a functioning relationship with him or her. In any divorce case, the safety of the spouses and their children is at the forefront of a court.
Talk with your attorney from the beginning of your case about how you can keep one another safe. This may mean having discussions that are not pleasant for you or your family. Admitting to unsavory things is not an exciting prospect. The attorneys at the Law Office of Bryan Fagan call this a “skeletons in the closet” conversation. Meaning, that you will need to talk to your attorney about any unpleasant parts of your life that you hide from others. Safety concerns, substance abuse, and mental health problems all qualify as issues that you may otherwise want to hide.
The risk of not sharing these issues with your attorney is that they can come to haunt you at the end of your case. This is especially true in a situation where you are the person who has supposedly presented a safety risk to your family. It is easier to talk to your attorney when your spouse is at a safety risk. It takes courage for you to stand up and admit to problems in your past. Your attorney can help you when you first help yourself.
Protective orders in Texas divorce cases
When safety, substance abuse, and mental health are the focus of a divorce it may be necessary for a protective order to be sought. Protective orders are a civil matter. You can apply for a protective order at the very beginning of your divorce. In Harris County, there is a specific court that deals with applications for protective orders. An application needs to be completed and turned in with the necessary fees. Talk with an attorney at the Law Office of Bryan Fagan if you have any concerns about applying for a protective order. Our attorneys can help you to complete the paperwork and send it to the court.
If not a protective order, you can file temporary restraining orders against your spouse. This temporary restraining order can restrict the day-to-day habits of your spouse. This will hopefully protect you and your children from harm. There are standard temporary restraining orders that can be filed along with your divorce petition. However, talk to your attorney if you have a specific concern or believe that something needs to be included that is somewhat out of the ordinary. A temporary restraining order can be valid for up to fourteen days. An extension of another fourteen days is possible upon request.
As you can see, there are options to consider. Figuring out which route is best for you can take time. Unfortunately, time may not be something that you have on your side. When you need to act quickly Then having an experienced family law attorney by your side matters. Your safety and mental health are potentially at risk in a divorce. When substance abuse or alcohol problems are affecting the case, you cannot afford to sit idly by. Here is an example of a mother who acted quickly with the help of our office when the safety of her child was at risk.
A real-life example of how safety and substance abuse collide in a family law case
In a recent divorce case, a mother represented by the Law Office of Bryan Fagan sat to protect her young daughter from harm. Unfortunately, her husband had been battling a drinking problem for the past several years finally the situation got out of hand enough for her to eventually file for divorce. The week before she filed for divorce her husband was arrested for drunk driving. Making matters worse, her daughter was in the vehicle when her husband was arrested.
She received a phone call from police moments before she left work to say that her child was in the back seat of her husband’s truck when he was arrested for drunk driving. He had been driving the wrong way down a street near where they lived. Immediately, our client left work and picked up her daughter from the scene of the arrest. She took her child home and planned to file for divorce the following day.
This is where the attorneys with the Law Office of Bryan Fagan come into play. Our experienced family law attorneys know what it takes to help families like yours sort through difficult and dangerous circumstances like this. When safety, substance abuse, and mental health all collide our attorneys know how to help. We worked with this mother to file a divorce petition and a request for an emergency temporary orders hearing. Orders were put into place not to restrict our client’s husband’s visitation with the child for the immediate future. Eventually, he would be able to attend a hearing and make his argument about visitation. For now, the best interests of the child or to avoid being with him.
Drug use as a type of mental health and substance abuse issue
Drug use Is a factor in divorce cases across Texas. Given the impact of drug use on family finances and children it is a major topic worth discussing here today. If you or your spouse have a drug addiction, then this addiction must be dealt with directly. Avoiding unpleasant circumstances About drug addiction only leads to problems. Rather, for the safety and stability of your family, you must be able to address these issues. Certainly, therapy, counseling, and other methods should be employed to avoid unpleasant circumstances.
Expect that drug testing will be a part of your divorce if there are issues related to addiction within the case. Drug testing can be ordered from the very outset of the case. For instance, you can request drug testing as a part of the temporary orders filed in your divorce. The drug tests can be ordered to occur regularly or at random. The outcome of a drug test determines your spouse’s ability to see the children in many cases. The results of early drug tests can determine who ends up being ordered to undergo drug testing later in the case.
If you have concerns over drug use in your case, then please talk to the attorneys at the Law Office of Bryan Fagan. Not only is the safety and well-being of your children at stake but the outcome of your divorce is also an issue. Do not take subjects like this for granted. Rather, about the long-term implications on your case and family. Drug use should be discussed openly and honestly with your attorney. Hiding this information from your attorney can result in negative outcomes both now and in the future.
Supervised visitation as a means to maintain the safety and mental health of your children
When you or your co-parent have an addiction to drugs or alcohol that does not necessarily mean that your visitation will be eliminated with your children. However, it does mean that safety measures will likely go into place that restrict the type of visitation you can have with them. In many cases, supervised visitation becomes an option for consideration.
Supervised visitation means that your visitation sessions with your kids will be under the supervision of another person. That could be a family member, a friend, or a supervised visitation facility. These supervised visitation sessions are commonly scheduled for weekend days when both parents are available. The children will interact with their co-parent in a private yet supervised setting.
These supervised visitation settings may then shift to the home of a relative. This would allow for a more organic setting where families can interact with one another. However, courts will keep the safety and well-being of your children at the forefront of the case. And substance abuse or mental health issues are a factor expect that supervised visitation will play a role. If you face supervised visitation in your case, it is best to work with an experienced family law attorney. The attorneys with the Law Office of Bryan Fagan know how to maximize a parent’s time with their children, no matter the setting.
Stairstep visitation for a parent in rehabilitation
Let’s say that you are a parent who has previously placed your children and their safety at risk. This could be due to a substance abuse problem or mental health issue. As a result, you agreed to supervised visitation for the next six months. This coincides with you passing all drug and alcohol screens. Additionally, you have set up regular appointments with the mental health counselor to help you with a depressive disorder that you have been battling for some years now.
You hope to maintain a relationship with your children even during this difficult time. Listening to your attorney, you determined that this was for the best when it comes to your children. Understandably you have a desire to eventually gain more time with your children. Your spouse, however, is understandably hesitant about allowing for this. What steps can be taken to provide you with more time with your children in the future?
The answer is known as stair-step visitation. In stair-step visitation you are allotted a small amount of time with your children now. Oftentimes this is supervised visitation. However, eventually, you can gain more time. This may be due to showing good behavior in the community and passing your drug screens. Above all else, you need to be able to qualify for more time by meeting whatever benchmarks are set forth in your court orders. Eventually, you may even be able to regain split or shared custody with your co-parent.
Talking with an attorney about safety and substance abuse in your divorce
Again, it is not easy to share unflattering information about yourself or your family with an attorney. That doesn’t mean you should hide anything or try to make light of any issues in your past. At the same time, if your spouse has a substance abuse problem do not be bashful about seeking help. An attorney can provide you with community resources who are equipped to aid your children both now and in the future.
From a legal perspective, sharing this type of information with your attorney can prove to be one of the most important decisions that you make in the case. Nobody is saying that it is easy to talk about subject matter like this. Our instinct may be to try and hide information like this as much as possible. That sort of approach will harm you in the long run. The earlier you can share this information with your attorney the better off you will be.
For this reason, having the comfort to share information with your attorney is a crucial part of your case. Do not take for granted that your attorney can help guide you during the case. That does not mean that he or she will make decisions for you. What it does mean is that your attorney can help you tremendously as it pertains to your daily life during and after the divorce. Deciding about the attorney who will represent you is among the most important that you will face throughout the course of the case.
Final thoughts on safety, substance abuse, and mental health in your divorce
You can expect to face several challenges in your divorce. It would be unrealistic and unfair to argue that your divorce is going to be a walk in the park for any reason. There are steps you can take to protect yourself and your family from the risk of future harm. When substance abuse creates safety issues for your family then you need to decide. If you are going to be idle, then potentially bad outcomes can result.
On the other hand, you can choose to make a decision that is geared towards the best interests of your children. Drug and alcohol abuse are two of the most common circumstances which may impact your divorce. Finding treatment for yourself in the short term is very important. Evidence of treatment like this can show a court that you are taking seriously the safety of your family. Once you show a court that you can take this responsibility seriously the case opens up for you as far as options. Regaining regular and consistent visitation time with your children is only one benefit of showing the court that this is your priority.
Thank you for joining us today on the blog for the Law Office of Bryan Fagan. Our attorneys post unique and informative content on the world of Texas family law seven days a week. If you have concerns about safety, substance abuse, or mental health in your divorce then please contact our office. We are ready and willing to serve you and your family.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
