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Posts Tagged ‘mental health’

Divorce and Mental Health Issues.

There are couples who have a spouse with mental health issues. If your spouse has a mental health issue and ignores medical advice, it may be best to have a no contact order with the children until steps can be taken to make them safe and secure. It is important to weigh the benefits of having a no contact order against the resulting backlash of the parent with no contact. If your children or you are truly in danger due to prescription drug misuse or abuse and mental health issues, there are remedies that can be provided for your protection. With that said, all clients must realize the the law provides a remedy but the proactive nature of the law can only enforced by an Order and law enforcement agencies. Just because you have received a no contact order does not mean that it will prevent the other parent from attempting to harass or harm you. It means you have the power to enforce the Order of the court with the appropriate officials. While married there is no preference for either parent for custody. So a temporary order giving one parent custody over the other is required to enforce decisions to be made over the children. This protection is provided by the court. One major piece of advice is to consult an attorney who regularly practices in divorce and the county in which you seek to get a no contact order. This will ensure that you are able to get a result in a timely fashion. Following the advice of a family law or divorce attorney who routinely practices in your county, will be the best course of action in any divorce case. However, in an emergency situation it can save lives.  Emergency orders are only temporary and a court will set them for a full hearing upon any motion of any party.  They are intended to only give "temporary" protection and last until a judge can hear from both sides.  It is vital to know the nature and extent of the protection they can provide.  Every person has a constitutional right to have their day in court and a 6th Amendment right to confront their accuser.  So the extent of a temporary order received during an emergency is subject to being fully litigated at any request of any party.  With that said, emergency orders are necessary and can provide protection until more can be understood about the situation.  If you are in need of an emergency order, please do not hesitate to call us (205) 623-1001.  We are always here for those parents who find themselves in an emergency situation.

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