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In general, your mental health is nobody’s business of your own. When it comes to a child custody dispute, however, it is common for mental health concerns to be brought forward by an ex-spouse or soon-to-be ex spouse. Unfortunately, an ex may bring up a parent’s existing mental health condition(s) in an effort to have their custody rights reduced or revoked.
So, how does your mental health actually affect your custody rights? By having a better understanding of how this all works, you can be prepared from a legal standpoint.
When Mental Health Matters in Child Custody
Ultimately, the goal of any child custody decision is to do what is in the child’s best interests. Therefore, a parent’s existing mental health condition doesn’t necessarily matter so long as the condition is well controlled—whether it be through therapy, medication, or another type of management/treatment.
Typically, a judge will look at two main factors when making child custody decisions with mental health concerns in mind. For starters, the judge will want to make sure that your mental health condition does not prevent you from being self-sufficient. After all, you cannot be expected to care for a child if you have trouble meeting your own daily needs.
Likewise, a judge will want to know that your mental health condition is predictable and/or well regulated. For example, if you have a mental health condition that has led to instances of self-harm or attempted self-harm in the past, this could end up being a concern when it comes to child custody.
If You Have a Mental Health Condition…
Keep in mind that mental health conditions are very common; in fact, it is estimated that more than 50% of Americans will be diagnosed with a mental illness at some point in their lives. With this in mind, simply having a mental health condition does not automatically mean that your custody rights are in jeopardy.
However, if your ex has brought your mental health condition up as a “concern” in your child custody dispute, then it is important for you to understand your rights. Likewise, it is vital that you show as much proof or documentation as possible that your condition is controlled and that you remain entirely self-sufficient.
A Family Attorney Can Help
Looking for assistance in handling your child custody dispute? An experienced family lawyer from The Sampair Group is here to represent you and work with our best interests in mind. Contact us today to schedule your free consultation.
