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The Children’s Therapist in Divorce

Whether children experience expected emotional and/or psychological problems or are more adversely affected, the help of a trained child therapist may be important. The need for outside help may be dictated by observation of how the children’s behaviors and moods change, the level of conflict between the parents, and the capacity of parents to provide the support children may need.

When therapy is advisable, a number of issues may present themselves. One key issue is whether both parents support treatment and can they agree on the choice of the therapist?

Legal custody spells out who may authorize treatment with a therapist. Sole legal custody with one parent means that parent must be the one to approve treatment. In joint legal custody either parent can consent to treatment, unless the court order requires both to agree when it comes to psychological services. From the therapist’s viewpoint, however, it is best to have both parents support the treatment.

The therapist may, as is often the case, invite the parents to participate in the treatment in a variety of ways. It is important to know the therapist’s policy on the privacy of each of these meetings. Confidentiality is important in order for the parents and child to freely express themselves without fear their words will be used against them.

The therapist should always put the best interest of the child foremost. After all, that is why they were hired. Their role is one of therapeutic care. The avoidance of becoming a part of the conflict with parents is to prevent undermining the primary purpose of the therapy – the child.

The most difficult cases occur when one parent seeks treatment for their child and the other parent objects to the choice of therapists or to the treatment. These situations fuel conflict between the parents. The therapist must decide whether they can be helpful to the child in light of the parental hostility. The therapist’s choices are always in consideration of what will best promote a positive treatment for the child.

Finally, the more parents can agree to set aside negative issues between them and focus on the children’s needs, they will be giving their children an immeasurable gift.


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In a summary dissolution, a hearing with the judge is typically not needed. A marriage of five years or less may be ended by summary dissolution, which is a simplified procedure to terminate a marriage in the state of California. With a summary dissolution, a joint petition is filed when 1) either spouse meets the standard residency requirement, 2) the marriage is irretrievably broken down due to irreconcilable differences, 3) the marriage is childless, 4) the wife is not pregnant, 5) neither spouse owns real estate, 6) there are no unpaid debts greater than $4,000, 7) the total value of community property is less than $25,000, 8) neither spouse has separate property (excluding cars and loans) of greater than $25,000, 9) the spouses have reached an agreement regarding the division and distributions of assets and liabilities, 10) both waive their rights to maintenance and appeal; 11) both have read a brochure about summary dissolution and 12) both desire to end the marriage.
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"A Plain English Guide to Protecting Your Children"

Author: Mary L. Boland, Attorney at Law