My name is Jon D. Alexander, Esq. and I am an Orange County, California Divorce Attorney. This article is the eighth article in a series outlining the divorce process in California. Please be aware that this article is not intended as and should not be relied upon as legal advice or as the creation of an attorney-client relationship.
Today’s article explains, briefly, counseling under Family Code Section 3190. This section provides instruction on counseling of parents and children. Generally, in a family code proceeding regarding custody or visitation, the court can order any or both parties and the children into outpatient counseling with a mental health professional and if a necessary a substance abuse program.
The factors considered when determining whether such an order is necessary are: (1) a finding that the counseling is in the best interests of the children and that the disagreement between the parties (parents), will be a substantial danger to the best interests of the child if it is not alleviated by counseling; and (2) In the past five years there has been an incidence of domestic violence.
A family court may only order counseling that lasts up to one year. However, this one year limit is renewable. Court must also determine that counseling will not be an undue financial burden. You might remember from previous articles in this series, that family law court Judges are not authorized by statute to order parents or children into therapy (but a juvenile court can order therapy).
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