Using Therapists and other professionals

In many divorce cases, therapists can come into play, particularly where children are involved. (Reminder: I am an Ohio lawyer giving you general information. For legal advice in your particular situation, please contact a family law attorney.)



Therapists can play many roles. It is important to remember that the therapist role is limited to the way the therapist is employed, and everyone needs to clearly understand that from the beginning. If the therapist is a pre-existing therapist who is actually treating someone, whether the child or the parent, the therapist is limited to that role and cannot start treating other people or making custody recommendations. However, a treating therapist can testify about the treatment progress and any issues that pertain to that particular patient. This is where is gets very tricky, and each therapist has to decide how to proceed under their own ethics rules. For example, in Ohio is it clear that a therapist treating a child cannot make a custody recommendation. That must be done by a neutral party, usually a forensic custody evaluator. However, a child's treating therapist might be able to testify that the child has exhibited an unusually high amount of anxiety when speaking about that one relative who just got out of prison. This could be used by the lawyer to lead the Court to issue orders limiting the contact with that person. See? It is very tricky.



There are also therapists who can be family therapists, just to help the family learn how to function in its new configuration. Yes, even though the parents are divorced, this is still a family. Sometimes these can be very difficult situations, and the individuals involved may need their own therapists as well.



Therapists can also serve to help mediate and resolve disputes, sometimes more effectively and efficiently than the Court can. You can also employ the services of a mediator if that is appropriate.



Finally, there is the therapist who is actually the forensic custody evaluator. Typically, this person will administer a series of psychological tests to both parents, spend a considerable amount of time privately with each parent to discuss the issues involving the children, observe the children interacting with each parent. This is an expensive and time consuming process, but sometimes it is what is ultimately needed.

So, when you decide to involve a therapist in your divorce case, keep in mind the limitations, but also remember that therapists can often resolve issues that courts are just not as effective at resolving.

For more information, feel free to call me at 614-564-6500 or email me at pamela.makowski@gmail.com. Also, don't forget to check my website at www.MakowskiLaw.com.