Many individuals who struggle with mental health or who have been diagnosed with a mental health disorder may feel apprehensive about disclosing their diagnosis for fear of it affecting the outcome of their family law matter. In truth, the best thing you can do is be upfront and honest about your diagnosis. In addition, showing a commitment to getting the help you need, whether through therapy or taking medication, demonstrates your ability to manage mental health and addiction issues that could impact your divorce or family law matter.

How Can We Keep the Details of Mental Health Issues Private if it Becomes Public Knowledge in a Divorce?

Maintaining privacy in divorce when mental health issues are present is a significant concern for many families. A spouse’s job security or relationship with their children is often why divorcing couples don’t want to ‘air’ their issues in open court with traditional litigation. If divorcing someone with mental health issues or divorcing a drug addict is a concern for your family, you may want to consider Collaborative Divorce. In this approach, both spouses contract with their attorneys to work through the issues in their divorce, with a team of divorce professionals, including their attorneys, a financially neutral professional, and a mental health professional instead of going to court. By using the collaborative method, child custody, and financial disputes are addressed privately and individually, outside of a traditional courtroom setting.

How is Child Custody Affected if Your Spouse is Being Treated for Mental Health Issues?

While deciding a parent’s rights and possession of a child, the child’s best interests will always be the judge’s central focus. The judge will consider various factors when determining the best interests of the child, such as a parent’s ability to create a safe environment and whether or not there is a reasonable level of competence to parent the child.

A judge will take into account a parent’s ability to provide an emotionally and physically safe environment for the child, as well as each parent’s emotional stability. If a parent’s mental health issues are minor and well-controlled, they may not impact a custody decision. However, major mental health issues will. According to Texas law, judges are allowed to consider mental illness when deciding whether to restrict, prohibit, or limit custody rights. In Re Marriage of Swim, the court upheld custody limitations due to the father stopping his bipolar disorder treatment and relapse of illegal drug use.

However, a parent’s visitation restrictions may be lifted in many situations if a parent can demonstrate a commitment to consistent mental health treatment and a period of emotional stability.

Substance Use Disorder and Your Family Law Matter

Substance use is at an all-time high in the United States. According to the 2020 National Survey on Drug Use and Health by Substance Abuse and Mental Health Services Administration (SAMHSA), 14.5 percent of people 12 or older (40.3 million) suffered from a substance use disorder in 2020. These substance use disorders include:

• 18.4 million with an illicit drug use disorder
• 28.3 million with an alcohol use disorder
• 6.5 million people with illicit drug and alcohol use disorders

We have subsequently seen substance use disorder become more prevalent in family law matters over the years. When divorcing, an addict or someone who suffers from a substance abuse disorder, we will educate you about how this disorder may affect the divorce process. Our experienced family lawyers can help you and your family reach a constructive resolution that demonstrates empathy yet also establishes protections.

Strategies for successfully managing substance use concerns post-divorce can include:

• Completion of substance use disorder treatment
• Attendance at AAA meetings
• Monitoring of and testing for substance use

Experienced Family Lawyers at Your Side

At Goranson Bain Ausley, we recognize that mental health and substance use disorders are common issues in a divorce. You can be confident that our lawyers will represent you with understanding and compassion if you or your spouse live with a mental health or substance use disorder. Our attorneys will  guide you through the divorce process in the most constructive and advantageous way possible.

• Thomas P. Goranson 1997
• Thomas L. Ausley 1997
• Diana S. Friedman 1998
• Thomas A. Greenwald 2003
• Kathryn J. Murphy 2004
• Eric Robertson 2007
• Kelly Ausley-Flores 2009
• Aimee Pingenot Key 2015
• Kristen A. Algert 2017
• P. Lindley Bain 2020
• Ryan R. Bauerle 2022
• Lindsey Obenhaus 2023

• Hayley Collins Blair 2021 2018
• Lindsey Obenhaus 2024 2023 2022 2021
• Katie Flowers Samler 2020 2019 2018
• Kathryn J. Murphy 2024 2023 2020 2019 2018 2017 2010 2009 2008
• Aimee Pingenot Key 2024 2020 2019 2017
• Thomas A. Greenwald 2022 2018 2012 2011 2009 2008
• Paula Larsen 2018 2017 2016 2015 2014 2013 2012 2011 2010 2008
• Diana S. Friedman 2017 2016 2015 2013
• Angeline Lindley Bain 2015 2014 2013 2012 2011 2009 2008
• Thomas P. Goranson 2011 2009 2008
• Beth E. Maultsby 2010

• Thomas L. Ausley 1980
• Thomas P. Goranson 1980
• Gary L. Nickelson 1984
• Paula Larsen 1985
• Angeline Lindley Bain 1993
• Kathryn J. Murphy 1995
• Diana S. Friedman 1996
• Kristen A. Algert 1997
• Thomas A. Greenwald 1997
• Eric Robertson 1997
• Kelly Ausley-Flores 2000
• Curtis W. Harrison 2002
• Cindy V. Tisdale 2003
• Jeff Shore 2006
• Clint Westhoff 2006
• Jeff Domen 2009
• Angel J. Berbarie 2010
• P. Lindley Bain 2012
• Aimee Pingenot Key 2012
• Kevin Davidson 2017
• Rob Frazer 2018
• Ryan R. Bauerle 2018
• Hayley Collins Blair 2019
• Lindsey Obenhaus 2019
• Katie Flowers Samler 2019
• Jonathan James 2020
• Chris Nickelson 2021
• Chandler Rice Winslow 2023