Many of our cases involve mental health issues. However, the cases appears under the guise of child custody disputes, juvenile law and special education.

The real issue remains the failure to diagnose or treat mental illness. Since no one recognizes the mental health issue, though, courts try to resolve these cases under traditional concepts of child custody or juvenile law. Sometimes it seems like mental illness is the elephant in the courtroom that everyone pretends to ignore.

Last Wednesday was National Children’s Mental Health Awareness Day. To mark the occasion, Katie Couric from CBS news posted this one minute video about ignoring mental health issues in children. She cites that two thirds of children with mental health issues do not get treatment. She uses the perspective of the tragedy of Virgina Tech to show the importance of addressing the mental health needs of children and adolescents.

Divorce affects more children more profoundly than any other legal proceeding. For many families, divorce prompts their first and only contact with lawyers and with courts. Too often, the court process itself exacerbates rather than heals the family’s hurt and division.

Consequently, many families choose to divorce without going to court. Instead, they choose a new process known as “collaborative divorce.” In collaborative divorce, the parents agree in advance to resolve their disputes without resorting to court.

As with any divorce, each parent hires his or her own attorney. The attorneys advocate for their respective clients. However, instead of going to court the advocacy takes place in four way meetings involving both parents and their counsel. Parents might also include other professionals, such as divorce coaches, a financial specialist and a child specialist.

Children benefit the most from this process. Collaborative divorce allows parents to reach their goals without the bitterness of a battle in court. Consequently, parents leave the process better able to cooperate for the benefit of their children.

Divorce is rarely pleasant. However, for many families, collaborative divorce provides a way to achieve divorce while keeping control within the family and minimizing strife. In this way, the parents prepare their family for successful post-divorce co-parenting.

For more information on collaborative divorce, check the web sites for the International Academy of Collaborative Professionals, the Collaborative Law Institute of Kansas, and the Collaborative Law Institute of Missouri. You can also write me at Scott@yourchild1st.com .

Last night I served as the guest speaker at Advice and Aid Pregnancy Center in Johnson County, Kansas. Advice and Aid provides practical, nonjudgmental support for young women facing an unplanned pregnancy.

For more than ten years I have assisted clients in their “Bridges” program, which serves single mothers of infants and young children. These brave women face a host of legal problems involving themselves and their children. Issues range over custody, paternity, child support, step parent adoption, and restraining orders relating to domestic violence.

Advice and Aid operate centers in Shawnee and Olathe, Kansas. They answer a 24 hour crisis hot line at (913) 962-2112.

Imagine the fear, anger and concern over losing a four year old child who had lived with you since her birth. The family who came to my office were beside themselves with worry when the child’s mother sent her daughter to another part of the country to live with a man who is not her father.

The child’s aunt, uncle and grandmother came to our office. Four weeks ago, the mother took the child from their home and sent her to another part of the country. She now lives with the father of her half siblings.

The case demonstrates how child custody lawyers strategize solutions to problems. First, we began with the facts. The child is four years old. She has lived mostly with her aunt and uncle for most of her life. Her mother has many children, but none of them live with their mother. Some are in foster care.

Next, we had to analyze child custody jurisdiction under the Uniform Child Custody Jurisdiction Act. Too many lawyers and even judges simplify and misunderstand child custody jurisdiction. For example, some mistakenly believe that the court where the child now resides has jurisdiction. Others think that the state where the child lived for the past six months keeps jurisdiction until the child lives somewhere else for six months. The accurate rule differs in ways that, though technical, make the difference in the life of a child.

After establishing jurisdiction, we had to consider various ways for a non-parent to take custody of a child. We considered private child in need of care actions, paternity actions, and grandparents’ visits. We advised our client on the benefits, risks, speed and costs of each option. We even had to consider the reputation and experiences of particular judges to know how a court might rule.

Ultimately, we brought all of our sophistication and experience to bear for the sole purpose of rescuing a small child from a dangerous circumstance.

This is my week to volunteer for CASA of Johnson and Wyandotte Counties, Kansas, where I serve on the board of directors. CASA trains community volunteers to serve as a child’s voice in court.

This morning I trained about eight new volunteers. I have been training CASA volunteers for more than ten years. This group was clearly intent on making a difference in the lives of children in court. On Tuesday evening I will train about another eleven new volunteers on the role of attorneys and guardians ad litem.

On Wednesday I am hosting a table at the annual Promise of Hope luncheon to raise community awareness and support for CASA. Thursday evening we have a regular board meeting followed by a reception for the new volunteers. I also have a speaking engagement Thursday evening with Horizon Academy, a specialized private program to educate children with learning disabilities.

I enthusiastically volunteer my time for CASA because I believe in its mission. If you believe in helping children, I encourage you to volunteer for this worthwhile organization.