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Mental Health Issues in Oklahoma Child Custody Cases Are on the Rise, Fry & Elder Attorneys Explain Why

It wasn’t an epiphany Zach Mortazavi had per se, it was a pattern he began to recognize. First inside his Fry & Elder Tulsa law office while meeting with clients and then while attending the AFCC-AAML 2023 Conference on Advanced Issues in Child Custody: Evaluation, Litigation, and Settlement in Washington D.C. earlier in the fall. It was while attending that conference that the growing concern of mental health issues in Oklahoma child custody cases was reinforced.

During Day 3 of the conference, Zach Mortazavi attended a seminar that focused on mental health issues surrounding child custody cases.

The seminar titled “Evidentiary Considerations with Mental Health Experts in Child Custody Litigation,” highlighted how the rules of evidence, the reliability and validity of experts’ methods, theories, and opinions, and the relevance and helpfulness of experts’ methods to the court are some of the critical evidentiary issues that judges, lawyers, and experts must consider in performing their roles.

“Mental health pops up a lot in divorce and child custody cases in Oklahoma,” Zach Mortazavi said. “It is a big concern and one of the reasons is there are a lot of aggressive divorces in today’s age. Parents really need to shift their focus from themselves to their children. Quite often, kids need more than a parent in a volatile situation, so mental health experts really play a big role today.”

The American Psychological Association reported that “Children’s mental health is in crisis.”

Mortazavi says there are several contributing factors as to why mental health issues in Oklahoma child custody have become such a growing concern. Among those include the lingering mental health issues stemming from the Coronavirus pandemic, the proliferation of social media, and the continued increase in inflation. Both have caused many couples to grow apart and many children to isolate themselves, particularly in explosive situations.

“There are a number of things that are leading to more and more mental health issues involving children in Oklahoma child custody cases,” Zach Mortazavi said. “Oklahoma is a state that applies the ‘best interest of the child’ standard when determining visitation and child custody issues, but I think even more could be done at the beginning of the litigation process. Based on today’s trends, I really think the child needs to have an advocate whether that is a mental health counselor, child psychologist, or an attorney.” 

Because Oklahoma is one of many states that applies the “best interest of the child” standard when determining visitation and child custody issues, this needs to be at the forefront of a parent’s request for an Oklahoma child custody modification.

A judge will typically not consider a child custody modification if the present agreement appears to be working for both parties involved and meeting the best interests of the child. A parent wishing to make a modification would need to show that the other party is not meeting the child’s best interest standard through questioning the parenting ability and consistency of the other parent.

Recognizing the signs of mental distress in children during divorce is crucial. Professional therapy, such as counseling and support groups, can provide a safe space for children to express their emotions and develop coping mechanisms. Engaging with mental health professionals helps children navigate the complexities of divorce and build resilience for the future.

Fry & Elder Remains a Cutting-Edge Oklahoma Child Custody Law Firm

Whether it involves a divorce settlement or navigating through the growing trend of mental health issues in Oklahoma child custody cases, Fry & Elder has long been synonymous with Oklahoma family law evidence, particularly in child custody cases.

This stems back to Robert G “Hap” Fry Jr. garnering a reputation as one of the nation’s leading child custody attorneys and arguably the best advocate in Oklahoma.

Fry’s passion for his work has been well-documented and has not gone unnoticed for some time. He was proactive in embracing and advancing the changes in child support guidelines in the 1980s, which drew national attention.

He was interviewed on CBS The Early Show in a divorce series entitled, “What About the Kids?”

For his efforts, Fry has been selected by Best Lawyers® for inclusion in its annual The Best Lawyers in America® directory for 14 consecutive years. He also has helped Fry & Elder get named to the United States Best Law Firms® rankings each of the past 10 years.

“I agree with Zach that mental health issues are becoming even more of a growing concern in Oklahoma child custody cases,” Robert Fry Jr. said. “As a firm, we are dedicated to our clients particularly in doing what is in the best interest of the child. That is why our younger attorneys like Zach are attending some of these high-profile conferences so that they can acquire more insight and perspective on how to navigate through the complexities of some of these cases”

Contact Fry & Elder today to set up a personal consultation with an experienced and knowledgeable Oklahoma child custody attorney. 

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