Arizona families navigating divorce or custody disputes often face an issue no one talks about: what happens when a spouse, parent, or loved one is in a mental health crisis and refusing treatment. Under Arizona Title 36, there is a legal process that allows family members to petition for a court-ordered mental health evaluation, and in some cases, court-ordered treatment. Knowing how this process works, when it applies, and how it intersects with family law can be critical for parents trying to protect their children.

Modern Law attorney Emily Palomino brings a perspective most family law attorneys do not have. Before joining Modern Law, Emily served as a mental health defense attorney in Arizona, representing patients who had been detained under Title 36 petitions at facilities including Palo Verde and Banner South. She worked inside the court-ordered evaluation and treatment system every day, and she knows exactly how it works from both sides.

Chapters:

00:00 Welcome and Meet Emily Palomino

00:49 Emily's Path from Disney World to Law School

03:43 What Is a Mental Health Defense Attorney in Arizona

05:27 How to File a Title 36 Petition for a Loved One

06:34 The Ex Parte Nature of the Evaluation Process

08:19 Medical Privacy and What the Petitioner Gets Access To

09:50 When Title 36 Gets Weaponized in Family Court

11:07 The Right to Legal Representation in Mental Health Cases

18:39 When Court-Ordered Treatment Actually Works

19:51 Title 36 and Minors: What Age Does This Apply

20:46 Recommended Arizona Treatment Centers

21:36 Substance Abuse and the Mental Health System

22:35 What Happens If You Violate Court-Ordered Treatment

23:24 Emily Joins Modern Law: What She Is Looking Forward To

If you or someone you love is facing a mental health crisis that is affecting a family law case in Arizona, the attorneys at Modern Law can help you understand your options. Call 480-649-2905 or visit mymodernlaw.com to schedule a consultation with our team.