Children and teenagers often struggle to cope with emotional turmoil when their parents are splitting up. A divorce — especially one that is high-conflict — may be a traumatizing and destabilizing experience. Therapy can give children a confidential shelter where they can speak with a neutral party about both the family’s circumstances and process their feelings.
Ideally, both parents will agree about whether counseling is needed and will work together to select a provider and share the associated costs. Disputes arise, however, when one parent believes therapy is necessary and the other does not, or when they disagree about who should be the treatment provider.
Although there is no requirement that both parents consent to a therapist during the divorce process, the situation changes once custody is awarded as part of the final judgment. Parents typically share legal custody — that is, the authority to make decisions about their child’s upbringing and medical needs. If so, one parent usually cannot enroll a child in therapy sessions without the other’s consent.
When parents cannot agree, the issue may have to be brought before the court. Michigan family law judges must resolve disagreements based on what they believe is in a child’s best interests. The court will not defer to either parent’s preferences. Instead, the judge must decide if therapy — and what type of therapy — supports the child’s well-being. To do so, the court may look at such evidence as:
- Documented changes in the child’s behavior, mood or academic performance
- Reports from teachers, school counselors or pediatricians
- Evidence of high parental conflict or exposure to domestic violence
- Prior involvement with social services or other professionals
In certain cases, the court may look to recommendations from a Friend of the Court investigation. During the investigation, a social worker, psychologist or others will usually interview all the parties involved, including the child, make home visits, talk to the child’s teachers or caregivers and take other steps before offering a recommendation, which is nonbinding (but highly probative) to the court.
Parents concerned about the effects of divorce should keep records of their children’s emotional struggles and gather documentation from reports made by school officials or caregivers and others. That can help build a clear, objective picture of the child’s mental health needs. They should attempt to have a calm conversation with the other parent about those issues. If there is still no agreement, it may be necessary to litigate the legal custody dispute and have a judge determine what is best.
At Dawson Family Law, PLLC in Sterling Heights and Troy, we represent parents in Oakland, Macomb and St. Clair Counties in Michigan custody cases. Schedule a consultation to discuss your concerns by calling (586) 514-0084 or contacting us online.