Can Custody Include Alternate-Week Art Therapy Sessions?

Art therapy has become a popular tool for helping children work through emotional challenges, trauma, or behavioral issues in a creative and non-verbal way. For children dealing with grief, anxiety, depression, or other psychological concerns, art therapy provides a space to express feelings that may be difficult to articulate. When parents share custody of a child, questions often arise about how and when to incorporate such therapeutic interventions into the child’s routine. A parent may propose including art therapy sessions every alternate week as part of a custody agreement to support the child’s mental health. However, a variety of factors must be considered when determining whether such a provision is appropriate and in the child’s best interest.

Can Custody Include Alternate-Week Art Therapy Sessions?

• The Court’s Role in Custody Arrangements

Family courts prioritize the best interests of the child in all custody matters. When it comes to therapeutic interventions such as art therapy, the court will consider whether the child’s emotional, psychological, and behavioral needs warrant the therapy, and whether such an arrangement would enhance the child’s overall well-being. If both parents agree on the importance of art therapy for the child, it is more likely that such a provision can be added to the custody agreement. However, if one parent objects, the court will need to assess the situation carefully, considering professional recommendations, the child’s needs, and the potential benefits of therapy.

Factors That Might Influence the Court’s Decision

• Child’s Emotional and Psychological Needs
• Professional Recommendations
• Parent Consent
• Therapy’s Frequency and Impact
• Therapist’s Approach

Several factors will influence whether a court approves the inclusion of alternate-week art therapy sessions in a custody arrangement:

• If the child is dealing with trauma, anxiety, depression, or other emotional or behavioral issues, the court may be more inclined to approve regular therapy sessions. If a child has been diagnosed with a mental health condition or is experiencing significant emotional distress, art therapy can provide a safe space to explore and express those emotions.
• Courts typically place considerable weight on the recommendations of healthcare professionals, including psychologists, therapists, and counselors. If a therapist has specifically recommended art therapy as an effective means for the child to cope with their emotions, the court will be more likely to approve its inclusion in the custody arrangement. This recommendation may be part of a broader treatment plan tailored to the child’s needs.
• If both parents agree to the child participating in art therapy, it is generally straightforward to include in the custody arrangement. However, if one parent objects, the court will need to decide based on the child’s best interests. For example, a parent might resist the idea of therapy due to concerns about the child’s emotional well-being, the potential stigma, or the financial cost of therapy sessions. The court will evaluate whether the therapy is necessary and whether the child’s best interests are being met.
• Alternate-week therapy sessions would need to be balanced with the child’s overall schedule. The court will consider whether attending therapy every other week interferes with the child’s other responsibilities or needs (such as school, extracurricular activities, and family time). Additionally, the court will assess whether the frequency of therapy is appropriate for the child’s age and emotional needs.
• The therapist's qualifications and experience with children, as well as the therapeutic approach used in the sessions, are important considerations. Art therapy may be particularly useful for children who have difficulty verbalizing their feelings or those who have experienced trauma. The court will want to ensure that the therapy being offered aligns with the child’s developmental stage and therapeutic needs.

Parental Cooperation and Co-Parenting Considerations

• Scheduling Therapy Sessions
• Monitoring Progress

For art therapy to be effective, it requires consistent support from both parents. If the custody arrangement includes provisions for therapy, both parents should work together to ensure that the child consistently attends sessions. This includes agreeing on transportation, scheduling, and financial contributions (if applicable).

• One challenge in shared custody arrangements is aligning schedules for therapy sessions. Since the sessions would be on alternate weeks, both parents would need to agree on the days and times that work best for the child and for their individual schedules. If the parents live far apart, transportation arrangements may need to be worked out as well.
• Parents should also stay involved in the child’s therapeutic process to monitor progress and ensure that the child’s emotional needs are being met. This could involve attending periodic check-ins with the therapist, receiving updates on the child’s progress, or discussing how the therapy is helping the child with behavioral or emotional issues.

Potential Challenges and Objections

• One Parent’s Objection
• Cost and Accessibility
• Effectiveness of Therapy

One parent’s objection: If one parent does not agree with the art therapy sessions, the court will need to consider the basis for their objection. If the parent opposes the therapy based on personal beliefs or concerns about the efficacy of art therapy, the court will examine professional testimony and evidence to determine whether the therapy is in the child’s best interest.

• Art therapy may involve out-of-pocket expenses, and in some cases, insurance may not fully cover the costs. The financial burden could be a point of contention if the parents have different views on how to share the costs or if one parent feels that the expense is unjustified.
• Some parents may question whether art therapy is the most effective form of therapy for their child. If there is disagreement over the type of therapy, the court may consider alternative options or request further expert evaluations before making a decision.

Potential Benefits of Art Therapy for the Child

• Non-Verbal Expression
• Stress Relief
• Improved Self-Esteem
• Emotional Healing
• Coping Skills

Art therapy can provide several benefits for children, including:

• Art therapy allows children to express emotions and experiences that may be difficult to articulate with words, especially for younger children or those who have experienced trauma.
• Engaging in creative activities can help children process difficult feelings and reduce anxiety or stress. Art therapy can provide a calming, therapeutic outlet.
• Completing art projects and seeing progress can boost a child’s confidence and self-esteem, especially if they have been struggling with mental health issues.
• For children who have experienced difficult life events such as divorce, the loss of a loved one, or trauma, art therapy can support emotional healing in a safe, guided environment.
• Art therapy teaches children valuable coping strategies that they can use in other areas of their life. This can improve their resilience and ability to manage challenges effectively.

Example

A divorced couple shares custody of their 8-year-old daughter, who has been struggling with anxiety after the divorce. The mother believes that art therapy would be helpful for the child, while the father is concerned about the cost and feels that other forms of therapy would be more effective.

• Professional Input: The court may seek the input of the child’s therapist or a child psychologist to evaluate whether art therapy is appropriate for the child. The therapist might explain that the child is having difficulty expressing her emotions verbally, and art therapy would provide a valuable way for her to process her feelings.
• Agreeing on a Schedule: The court may work with the parents to establish an alternating-week schedule that does not interfere with the child’s schooling or other activities.
• Financial Arrangement: The court may require both parents to share the cost of the therapy sessions, possibly in proportion to their income or financial capacity.
• Monitoring Progress: The court may order periodic updates from the therapist to assess the child’s progress and ensure that the therapy is having a positive impact. Both parents would be encouraged to stay informed and involved in the therapy process.

Conclusion

• Including alternate-week art therapy sessions in a custody agreement is possible, especially if the child has significant emotional or psychological needs that would benefit from such therapy. Courts will prioritize the child’s well-being and will rely on professional recommendations to assess the appropriateness of the therapy. Cooperation between parents is key, and therapy sessions should be scheduled in a way that supports the child’s routine and growth. If both parents are aligned on the therapeutic approach, it can be a beneficial addition to the custody arrangement.