Unfortunately, it is not uncommon for substance abuse and mental health issues to be co-occurring and interrelated.  In the divorce context, this will usually have a significant impact when addressing issues related to parenting time and the allocation of parental responsibilities.  When a parent has not been diagnosed with substance abuse or a mental health issue, litigation frequently deters that parent from seeking a proper diagnosis and/or treatment plan for fear that will be used against him or her in court.

It is important for litigants to understand that substance abuse and mental health issues, when properly treated and managed, should not interfere with the ordinary parental relationship.  However, when those issues are denied and ignored, or not treated appropriately, the court will usually err on the side of protecting the children and restricting parenting time.  If these issues are impacting you or your family, it is important that you seek professionals with experience in dealing with these complex issues so that you can tailor a plan that will allow you and your family to move forward in a positive manner.


Jared, Partner

For more information about Mr. Pinkus, please visit: www.beermannlaw.com/team/jared-b-pinkus.