How a PTSD Diagnosis May Impact Your Child Custody Arrangement in a Military Divorce?

Overview

How a PTSD Diagnosis May Impact Your Child Custody Arrangement in a Military Divorce? While a positive PTSD diagnosis will not, in and of itself, prevent you from obtaining custody of a minor child or from having unsupervised time with your minor children, it will typically be a factor in the court’s final decision. In Texas, as in virtually all states, the overarching concern when making a custody determination is the “best interests of the child.” If a doctor has diagnosed you with post-traumatic stress disorder, you can expect that your spouse (or their counsel) will inform the court about it and may request that the court limit your access to the child as a result.

Though researchers disagree with respect to the full measure of the problem, studies consistently show that anywhere from 10 to 30 percent of returning service personnel suffer from some level of post-traumatic stress disorder. One report found that up to a half a million veterans of Iraq and Afghanistan over the past couple decades show symptoms of PTSD.

Most judges won’t simply limit your child custody rights because of an PTSD diagnosis.  They’ll typically take a closer look at the details of your situation:

• What kind of treatment have you received for your PTSD?
• How active are you in dealing with or addressing your condition?
• What types of medications have doctors prescribed for you, and do you consistently take your medication?
• Have you taken any additional precautions to ensure the safety of your child?

The Impact When One or Both Parents Are Active-Duty Servicemembers

Studies consistently show high rates of post-traumatic stress disorder, or PTSD, among military personnel, particularly those who have been deployed to areas of active conflict. Unfortunately, many of the soldiers who suffer from PTSD are parents of minor children. Furthermore, PTSD has been shown to be a fairly common cause of marital strife/divorce. If your marriage has ended and you’ve received a PTSD diagnosis, will it affect your ability to either get custody of your minor children or have meaningful visitation with them?

Come to Graham Family Law Proven Advocacy in Military Divorce Matters

At Graham Family Law, we bring more than 20 years of experience to people in San Antonio and the surrounding communities who need proven divorce and family law counsel. As skilled trial attorneys, we can protect your rights before a judge and jury. We also earn respect within the legal community for our ability to negotiate effective settlements for our clients.  Call us at 210-308-6448 or contact us by email today to learn about the potential impact of a PTSD diagnosis on your child custody rights.

Handling Divorce and Family Law Matters throughout San Antonio and the surrounding communities, including Bexar, Kendall, Floresville, Wilson, Atascosa, Hays, Comal and Guadalupe counties, as well as the municipalities of Cibolo, McQueeney, Marion, Santa Clara, New Berlin, Kingsbury, Staples, Redwood, Zuehl and New Berlin