Family Law

Family Therapy and Counseling in Family Law

Key Takeaways

  • Family counseling can help families with issues involving co-parenting, child custody, and divorce disputes.
  • Therapy can help family members deal with negative situations, improve communication, and help strained relationships.
  • Mental health professionals generally have a counselor privilege against disclosing what you say in a therapy session.

Family therapy involves a therapist and family members participating in sessions to help resolve family relationship issues. Therapy can help families with co-parenting, child custody, and divorce. In some family law disputes, the court may even order parents to participate in family therapy.

Some family members are hesitant about going to therapy. However, many people find it helpful to resolve family disputes. If you have questions about counseling and treatment in family law cases, seek out a local family lawyer for legal advice.

What Is the Role of Family Therapy in Family Law Cases?

Family therapy can help family members deal with relationship problems and improve communication in the family. Family law issues are different than other types of legal disputes. With family law disputes, it’s common for family members to have to continue living together and communicating. Family therapy can help resolve some issues without going through the legal system, though it’s important to note that such treatment can also be court-ordered.

Family counseling is a helpful tool for many types of family law issues, including:

Family therapy is a common counseling option for co-parenting disputes. The court bases most child custody decisions on the child’s best interests. Therapy can help parents communicate and work together for the child’s benefit.

What Are the Benefits of Therapy in Family Law Cases?

Many families benefit from therapy, even if they initially resist. Therapy can help family members deal with negative situations, improve communication, and help strained relationships. Other issues that therapy can help with include:

  • Stress
  • Anger
  • Behavioral problems
  • Trauma
  • Adapting after major life changes
  • Coping with a separation or divorce
  • Coping with the death or chronic illness of a family member

Therapy can also help individuals with mental health conditions. Treatment can also include a combination of psychotherapy and medication. Therapy can treat mental health conditions, including:

  • Anxiety disorders
  • Depression
  • Bipolar disorder
  • Personality disorders
  • Schizophrenia
  • Oppositional defiant disorder

However, family therapy isn’t suitable for everybody. It works better if everyone actively participates. If a family member isn’t willing to work together, treatment may not successfully resolve high-conflict issues.

Can a Judge Force You To Do Family Counseling?

A court may recommend or order therapy in some custody disputes. If you are in a custody dispute with the co-parent, a judge may order you to attend counseling with the child’s other parent. Getting the parents to communicate is often in the best interests of the child. If a judge orders you to go through parenting counseling, following the court’s orders may also be in your best interests.

What Are Types of Therapy in Family Law Cases?

Most family counseling uses talk therapy among parents or family members to improve relationships and communication. Family therapy sessions include co-parents, parents, children, or multiple family members. Types of family therapy can consist of:

  • Marriage counseling
  • Couples counseling
  • Functional family therapy
  • Structural family therapy
  • Reunification therapy

In some situations, family members may also get counseling services for other conditions, such as substance abuse disorder or anger management.

What Can You Expect From a Family Therapy Session?

A trained mental health professional conducts family therapy sessions. This could include a counselor or psychologist. Family therapists generally have additional training in working with families and children. Family therapy involves dialogue and conversations between the therapist and family members. It is a safe environment where you can speak openly with the therapist.

Therapy may involve asking family members about the issues and what they hope to gain from counseling. The therapist encourages participants to listen to other family members’ concerns, feelings, and behaviors. The therapist may offer ways to help the family work together. They may also provide tools and parenting skills for changing problem behaviors.

Is Therapy Confidential in a Family Law Case?

Therapy is a safe and open environment where you can speak about your feelings, thoughts, and emotions. Confidentiality encourages open communication.

In most cases, counseling sessions are confidential. Mental health professionals generally have a counselor privilege against disclosing to others what happens in a therapy session. If you and your family begin seeing a therapist independently, your counseling sessions should be confidential.

Different rules apply when a court orders you or your family to counseling. When the court orders an evaluation or you to complete a course, it usually wants a progress report. This report may reveal something as simple as your or your family members’ attendance or as significant as your progress or diagnosis. If you have questions about privacy and confidentiality, talk to the therapist about your concerns.

How Can a Family Lawyer Help With Family Counseling Questions?

Participating in family counseling can resolve some family law disputes. However, other disputes may require family court to resolve family issues. For more information about when you should consider family counseling or go to court, talk to a local family court lawyer.

Was this helpful?

At LawInfo, we know legal issues can be stressful and confusing. We are committed to providing you with reliable legal information in a way that is easy to understand. Our pages are written by legal writers and reviewed by legal experts. We strive to present information in a neutral and unbiased way, so that you can make informed decisions based on your legal circumstances.