As a family law attorney, I do see the effects of untreated mental health conditions. This is a good reminder that mental health is just as important as physical health. Mental health struggles don’t just impact the individual, it can affect the whole family and society.
Mental health can affect family law, criminal law, and involuntary commitment.
Family Law:
Mental health issues can lead to divorce and bankruptcy. These challenges can strain the relationships in marriages and children, which can lead to serious legal consequences.
Divorce
- Emotional disconnect: Depression or anxiety may leave a partner feeling isolated. Over time, this can degrade trust and communication.
- Unstable behavior leading to conflicts: In certain conditions, when untreated, can lead to impulsive or aggressive actions that may threaten the family’s safety.
- Caregiver fatigue: The healthy spouse may feel overwhelmed and unsupported, especially when there is no outside help or plan in place when interacting with someone who isn’t well or supportive.
Divorce sometimes can lead to a healthier path for everyone involved, yet it can be expensive. When mental illness is present, the legal process may involve considerations like therapy, supervised visitations, or expert testimony.
Domestic Violence & Restraining Orders
- Untreated mental illness doesn’t excuse abuse, but it can contribute to a volatile home environment.
- A reminder that legal protection (e.g. restraining orders) are available to keep families or individuals safe.
Mental health challenges can lead to violence, stalking, or threats that can interfere with one’s safety. By having court orders, contact can be limited, remove the individual from the home, and in some cases require mental health treatment as part of the resolution.
Child Custody & Parenting Plans
- Courts often weigh mental health when determining custody and visitation rights.
- Parents may be required to undergo evaluations, attend therapy, or agree to supervised visitation if safety or stability is a concern.
Mental health plays a critical role in custody arrangements. Judges often consider a parent’s mental health when deciding what’s in the best interest of the child. By emphasizing early intervention, this can help parents maintain meaningful relationships with their children.
Guardianship & Conservatorship
- Families can petition the court to be appointed as guardian or conservator, with medical evidence given.
- When an adult’s mental illness prevents them from managing their own affairs (such as finances and healthcare decisions), loved ones may need to seek legal guardianship or conservatorship.
It’s difficult having an adult family member who is not able to care for themselves on a day to day basis. Having advance planning, (like Power Of Attorney), can sometimes avoid the need for court involvement.
Employment & Disability Rights
- Mental health can impact someone’s ability to work, but there are protections in place: American with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), Disability Benefits (SSDI/SSI), and the Workplace Rights.
Mental health can affect a person’s ability to work. Reach out to your employer’s HR department for policies and procedures the company has in place.
Bankruptcy
- Poor financial decisions, such as overspending, gambling, or poor investment choices, can add pressure on one’s finances or a marriage.
- Medical expenses can be costly if one does not tend to their mental health sooner than later.
- Adding financial strain to one’s needs or even a family’s.
Consult a bankruptcy attorney when you feel overwhelmed by debt and your monthly income isn’t enough to cover your monthly expenses/liabilities.
Criminal Law
- Having the law broken by the person.
- The person may be a danger to themselves (e.g. suicidal behavior)
- The person may be a danger to others (e.g. violent threats or actions)
San Diego has a number of resources that may help:
Mental health struggles affect everyone. If you or a family member are going through a rough time, you don’t have to navigate it alone. I’ve worked with many individuals and families dealing with emotional and legal challenges resulting from mental health. I’m here to help you move forward.
Safety always comes first. Laws are there to protect families and individuals while addressing the underlying issue. Do a favor for yourself and for those around you, keep your mental health in check.
Are you in need of legal counseling? The Law Offices of Ian S. Topf offer free consultation on a variety of issues, ranging from family law, estate planning, bankruptcy, and DUIs.