Understanding how service related PTSD can be viewed in legal proceedings is important when involved in legal disputes. Going through a legal dispute, especially in matters like child custody or divorce, can be emotionally taxing for anyone. For military veterans dealing with service-related PTSD (Post-Traumatic Stress Disorder), the challenges may be compounded by concerns that an ex-spouse could use their condition as leverage in court.
PTSD in Court
Courts can consider PTSD, like any medical condition, if it is relevant to the case. In family law cases, an ex-spouse might highlight PTSD to argue instability or a potential threat to parenting abilities. Although PTSD itself is not inherently a disadvantage in court, its presentation and handling can significantly influence the outcome.
Your ex may raise PTSD in court in situations such as:
- Child Custody Disputes: Courts consider the best interests of the child when determining custody arrangements. An ex might argue that PTSD symptoms, such as anger, or depression, could impact your ability to provide a stable environment and make you an unfit parent.
- Divorce or Spousal Support Cases: Your ex might claim that PTSD affects your ability to maintain employment or financial obligations, potentially influencing spousal support or asset division.
- Allegations of Abuse: If PTSD manifests in ways that include aggression, even unsubstantiated claims could complicate court proceedings.
Despite the potential for PTSD to be used against you, courts must assess cases fairly and without bias. PTSD is a disability under the ADA, meaning courts cannot discriminate against you solely because of your diagnosis. Instead, they must evaluate your specific circumstances and how (or if) your PTSD impacts the matters before the court.
How to Address PTSD in Court
If the court raises your PTSD, take proactive steps to protect your rights and demonstrate your capability:
- Provide Medical Records: Share evidence that you are actively managing your PTSD through treatment, medication, or therapy.
- Highlight Parenting Successes: Provide examples of your positive relationship with your child to counter claims that PTSD impacts your parenting. This can include participation in school events or maintaining a structured home environment.
- Request a Custody Evaluation: A neutral third-party custody evaluator can assess the situation and provide an unbiased report to the court, which may counter any negative claims.
- Enlist Witnesses: Family members, friends, or colleagues who can testify to your stability and character may help counter allegations.
The most important piece of all of this is showing the court that you are taking responsibility for your mental health.
What Courts Typically Consider
When PTSD plays a role in a case, courts consider several factors, such as:
- Severity of Symptoms: Courts may consider whether PTSD symptoms interfere with daily life or create safety concerns.
- Compliance with Treatment: Demonstrating that you are actively seeking treatment can show the court your commitment to managing the condition.
- Child’s Best Interests: The primary focus in custody cases is the well-being of the child. If the court believes your PTSD does not endanger or adversely affect the child, it is unlikely to influence custody decisions.
A child custody attorney can help ensure the court accurately understands the severity of your PTSD during the process.
Creek County Child Custody Attorneys
Service-related PTSD can be a sensitive issue in court proceedings, but it does not automatically undermine your position. Courts must consider the facts of the case rather than stigmatizing mental health conditions. By proactively addressing concerns, demonstrating stability, and emphasizing your parenting abilities, you can counter any attempts by your ex to use PTSD against you. Consulting with an experienced attorney can help you navigate the complexities of your case and protect your rights as a parent or litigant.
If you have concerns about your service related PTSD regarding your child custody case, our team at Creek County Attorneys is here to advocate for you. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.
