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While all circumstances within family law matters are evaluated on a case-by-case basis, there is one common factor underlying the point of contention which is the emotional component. The emotional component that commonly intensifies litigation and, at times, results in the complete breakdown of the family structure as it relates to co-parenting. In more extreme matters, this breakdown can lead to the deterioration of not only a co-parenting relationship but also the relationship between a parent and a child.
Family law matters are often perceived to be very litigious and thus costly. As practitioners, it is important to find methods that are not only effective but also alleviate the emotional strain between two parties to avoid the trickle-down effect. When the breakdown becomes severe, resulting in the alienation of one parent, one effective method that has proven beneficial in my practice is the utilization of reunification therapy. Reunification therapy is a process designed to rebuild and heal a damaged or alienated parent-child relationship, along with restoring the roles within the family and/or between separated parental households.
The therapist serves in the capacity as a neutral third party viewing the entire family as the client. The parent who has a damaged relationship and/or has been alienated from the child is referred to as the “non-favored” parent, with the other parent being referred to as the “favored” parent. Often, the therapist will move at the child’s pace to ensure such therapy is meeting the child’s needs and that progress is made. A therapist may commonly encourage both parents to participate in reunification therapy. A therapist encourages the “favored” parent to participate so that they can understand that it takes both parents working together to mend the relationship between the child and the other parent. When all parties aren’t involved in reunification therapy, you will see an increase in conflict resulting in litigation. Given that family law differs from other areas of law in that litigation can be continuous until the children are no longer minors, avenues such as reunification therapy may help decrease the cost of litigation, as well as foster a healthy co-parenting relationship.
As attorneys, we often perceive the outcome of cases as winning or losing. However, in family law, it is important to remind not only ourselves, but also our clients that maintaining a healthy relationship between both parties and the children is the only successful outcome. Every family law attorney is aware that the courts make their decision based on what is in the best interests of the children. Our role is to provide rational perspectives to clients to ensure that the best interests of the children are at the forefront of family law matters, and thus encourage our clients to utilize tools such as reunification therapy when the need arises.•
Latoya Highsaw is an attorney with Paganelli Law Group concentrating her practice in family law. She is an active member of IndyBar serving on its Board of Directors and is chair of its Pro Bono & Public Outreach Committee, as well as participating on its Inclusion & Accountability committee. She is a graduate of Bar Leader Class XIX and an Indianapolis Bar Foundation Distinguished Fellow. She received her J.D. from the Indiana University Robert H. McKinney School of Law.
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