UNHEALTHY PARENTS

Recently on the "San Diego Living" TV program, seen locally on FOX 6, attorney and Certified Family Law Specialist Bud Klueck shared some information about how the legal system addresses the problem of psychologically "unhealthy parents" and the impact that they have on their own children.


QUESTION–Recently, there have been several heartbreaking stories in the media about parents with serious psychological problems. Certified Family Law Specialist Bud Klueck has some information to share regarding what the legal system can do to protect children from the effects of "unhealthy parents."


ATTORNEY KLUECK’S ANSWER–There are two primary principles that are applicable in this unfortunately common situation of "unhealthy parents." The first principle is that the California State Code says that protection of children is the most important goal of the State government. The second principle is that the court system, particularly the family court system, is kind of like church in that it is very remedial. The court system, like a church, wants the person with problems to succeed and improve, if they truly desire to improve.


QUESTION–Is the most important issue is the desire to improve?


ATTORNEY KLUECK’S ANSWER–Yes, as folks say in all the twelve-step/anonymous programs, the first step always is to acknowledge that the person has a problem. In church they call the problems "sins;" In court they are called "issues." If the person acknowledges the problems and resolves to take steps to correct or improve on them, the system is behind them. The system offers resources to assist the parent that wants to improve.


QUESTION–What resources are available?


ATTORNEY KLUECK’S ANSWER–In serious cases, as Dr. Kanner has suggested, there is counseling. There is a Family Code section that permits the court to order counseling for up to one year. In very serious cases of "unhealthy parents" there can be more long-term therapy. The children themselves may need some help in the form of counseling and the courts would order that the parents cooperate and provide the resources to have their children in counseling or therapy.
QUESTION–Are there other resources besides individual therapy or counseling?


ATTORNEY KLUECK’S ANSWER–Yes, there are parenting classes. Many community colleges have specialized parenting classes, different classes for the care of infants, for example, and different classes relating to the parenting of teenagers, School districts’ Adult Education Departments have parenting classes, often at little or no cost. There is a wonderful program called "Kid’s Turn," for kids whose parents are divorced or separated. Kid’s Turn, as the name implies, actually involves the children, from I think as young as three years on through teenagers. Parent’s Turn, organized by the same group, is focused just on the adults.


QUESTION–Is sending them to counseling, therapy and classes the only things that courts can do with "unhealthy parents?"


ATTORNEY KLUECK’S ANSWER–In very serious cases, where the parent does not acknowledge that there are problems, or that parent represents real risks to the children, judges can order so-called "supervised visitation." Even in this most serious of cases, there are still various levels of court-ordered supervision. The levels of supervision range from a kind of "supervision light" where supervision is provided by family members, often grandma or grandpa, through paid-for visitation where trained professionals are present to monitor the visit, and even on through high-level security supervision. In some cases where there has been serious estrangement between the parent and the child, there can be therapeutic visitation where the only contact between the child and the parent is in the office of a therapist.


QUESTION–Can judges appoint an attorney to represent the children themselves?


ATTORNEY KLUECK’S ANSWER–Yes, the law permits the appointment of so-called "minor’s counsel." In order to qualify to be on the appointment list, an attorney needs to have a certain level of experience and must complete special training. I went through the training and was put on the appointment list many years ago and over the years our office has been appointed many times, by many different judges, as minor’s counsel. They were all difficult cases.


QUESTION–Has your office had its share of exposure to family law cases with "unhealthy parents," as a lawyer for the children and otherwise?


ATTORNEY KLUECK’S ANSWER–Yes, I have been practicing law for more than twenty years and we have had to handle many cases involving "unhealthy parents." Custody and visitation or access to children are important issues whenever there are children involved in divorce or paternity cases. Having one or more "unhealthy parent" makes the process infinitely more complicated and challenging.


QUESTION–If you or someone you know wants to avail themselves of Bud’s expertise built up over twenty years, about "unhealthy parents" or any of the hundreds of other issues in family law cases, you can contact Attorney Klueck at (619) 448-6500.