Parental Battlefield: Divorcing Parents and the Treatment of Children with ADHD

• Published date: 01 April 2019
• Author: Liza J. Trazzera
• Date: 01 April 2019
• DOI: http://doi.org/10.1111/fcre.12413

PARENTAL BATTLEFIELD: DIVORCING PARENTS AND THE

TREATMENT OF CHILDREN WITH ADHD

Liza J. Trazzera

Attention deficit hyperactivity disorder (ADHD) typically manifests as inattention, hyperactivity, and impulsivity among chil-

dren, resulting in stimulant drug therapy. Children exposed to high-stress situations, such as divorcing parents, are twice as

likely to present with ADHD symptoms. Often these symptoms are a result of the stress and not truly ADHD. Additionally,

parents in conflict frequently disagree about the appropriate diagnosis and treatment for their child, which leads to court dis-

putes. Thus, this Note proposes a policy be implemented setting forth alternatives that must be exhausted for a period of time

prior to administering stimulants to a child of divorce.

Key Points for the Family Court Community:

Approximately 11% of American children under the age of 16 are diagnosed with ADHD, with roughly 10% of

American children under the age of 16 taking stimulant medication prescribed for ADHD.

Children whose parents are going through divorce are twice as likely to be medicated with stimulant drug therapy.

The United States Drug Enforcement Administration (DEA) categorizes stimulant drugs as Class II drugs, along with

other highly addictive drugs such as cocaine and morphine.

The diagnosis of ADHD is subjective and may lead to overdiagnosis or overlooking another disorder.

Unmarried parents with joint custody who disagree on medicating their child must turn to the courts for a ruling on

who will have the legal right to decide.

Numerous alternatives to medication are extensively studied and available, yet the majority of U.S. physicians recom-

mend medication alone instead of informing parents of all options.

Keywords: Attention Deficit Hyperactivity Disorder (ADHD); Biofeedback; Diagnosis; Divorce; Elimination Diet; Joint

Legal Custody; Learning Disorder; Neurological Disorder; Pediatrics; Psychotropic; Stimulant; and Stress

Reaction.

I. INTRODUCTION

Two people fall in love, get married, and create two beautiful children.

1

Almost 13 years later,

the marriage dissolves.

2

Both parents are dedicated to raising their children successfully; thus, with

no apparent issues, the court grants joint custody, which provides for joint decision making.

3

Shortly after the divorce, the mother was approached by their daughter’s teacher, who was con-

cerned that she was exhibiting signs of attention deficit hyperactivity disorder (ADHD).

4

The par-

ents could not agree upon having a medical evaluation performed and subsequently were strongly

disputing administering stimulant medication to their daughter.

5

Such medications being prescribed

to children are not without controversy and are associated with passionate opinions about safety

and appropriateness.

6

This couple was in and out of the courts for a span of 11 years regarding both

children’s medical decisions, beginning with the ADHD diagnosis of their daughter.

7

There is a high incidence of ADHD diagnosis in children whose parents have gone through

divorce.

8

A clinical study researching this link uncovered a twofold increase in the prescription of

Ritalin for children subjected to divorce between their parents.

9

The children in the study were not

on medication when their parents were together and living in the same household.

10

Following a

divorce, the child is twice as likely to be put on Ritalin.

11

This research suggests that the anxiety of

divorcing parents may devastate the child’s ability to manage stress.

12

Specific stressors such as death

Corresponding: ljtrazzera@gmail.com

FAMILY COURT REVIEW, Vol. 57 No. 2, April 2019 273–287

© 2019 Association of Family and Conciliation Courts