Key Takeaways:
- When determining custody, the courts prioritize the child’s best interests above all other concerns.
- Mental illness doesn’t disqualify a parent, but the severity can influence the decision.
- If the illness necessitates frequent hospital visits, in-home care, or if the individual is prone to outbursts or violence, it plays a role.
- If medication, therapy, and other measures keep symptoms in check, a judge is less likely to deny custody.
- Mild mental illness, like moderate depression or anxiety, may not influence the proceedings at all.
Mental illness affects many people. It often has a devastating influence on relationships and marriages. Not only does it frequently lead to divorce, but if a parent has a mental illness, it also impacts child custody cases in significant ways.
How Mental Illness Can Impact Child Custody
Cases involving a parent with a mental illness are notoriously tricky. This umbrella term covers depression, anxiety, addiction, borderline personality disorder, bipolar disorder, and many other conditions.
Because of the nature of the beast, there’s no one-size-fits-all approach. It depends on the severity of the affliction, treatment options, the willingness of the parties involved to seek treatment, and many additional factors.
Related Reading: How Is Custody Decided In Oregon?
How Can A Mental Illness Impact Your Custody Claim?
Because the child’s best interests remain paramount, they inform how the court divides the legal and physical parenting responsibilities.
- If a mother is unable to maintain a stable living situation of her own due to mental health issues, a judge isn’t likely to grant her physical custody.
- If a father has trouble making good decisions in his own life because of mental illness, that doesn’t bode well for making decisions for his children.
Legal custody claims may take a hit in this scenario. When one parent has a documented history of mental illness-related violence or other behaviors that may potentially harm a child, courts also weigh those factors.
Can You Lose Custody If You Have A Mental Illness?
When determining custody, regardless of the factors involved, including a parent having a mental illness, the courts put the best interests of the child ahead of all other concerns. This includes physical and emotional safety.
If it’s unsafe or harmful for a child to be with one parent, that’s the most substantial way mental illness impacts child custody.
Mental illness doesn’t disqualify a parent
It will, however, likely influence the decision. If it negatively affects a parent’s ability to parent or the parent-child relationship, the court considers it when determining parenting time.
Impact on child custody depends on the severity
A particular disorder may require frequent hospitalization, make a parent prone to violent outbursts, or necessitate in-home care. All of these factors may sway a case in favor of the other parent.
With a manageable condition, the impact is often less severe
If medication, therapy, and other measures adequately keep symptoms in check, a judge is less likely to deny custody. Mild mental illness, like moderate depression or anxiety, may not influence the proceedings at all.
The court wants to keep both parents in a child’s life
But again, it really boils down to the child’s best interests and how much mental illness impacts child custody. Though it may not bar a parent from being awarded custody, it may affect the type of custody awarded.
Related Reading: Custody: What is the ‘Best Interest of the Child’?
While mental illness impacts child custody in some cases, it may not dramatically bend a ruling. It all goes back to the severity of an affliction and if the court, usually with the input of mental health professionals, determines it’s safe for the child or not.
Relatively minor cases, or a condition that’s well controlled with medication or therapy, likely won’t tip the scale as much.
Depending on the circumstances, the court may award parenting time to a parent dealing with mental issues. These may be small blocks of visitation that require supervision. The amount may hinge on the parent adhering to a mental health plan, maintaining a stable home, or other requirements.
Related Reading: Writ Of Assistance, Divorce, and Child Custody
Comments 10
Hi please let me know. I am going through child custody through court for my daughter 7 years old. Until now it’s shared care, but recently had a section 7 report done by a Cafcass officer and my daughter disclosed things to her about her father, that
He is hurting her flicking on her face, and shoulders whenshe does not eat. Cafcass officer report states that he has abusive behaviour and she will determine contact regarding this.
what she has been telling me also. The Cafcass officer said after checking out the gp records she find I was recommended talking therapy in January 2017
,and that she will put it in her report that she recommending talking therapy for me because of anxiety
Which I have due to these family proceedings (it has been going on over 3 years ) and as she said I do come across like that , and that this anxiety rubs off on to my daughter. I am a nurse, and I work 33 hours a week , I have an au pair living with us ,to look after the children while I am at work, I have a flat and now trying to relocate, and selling my flat, and buying a 3 bedroom house in Stroud.
Will this my anxiety affect to
get custody of (my daughter/ baby who is 2 years old and baby father never lived or married to me ) ? My court hearing is Monday, I am seriously scared to lose my children.
Please advise
Thank you very much
Author
We’re so sorry you have to deal with that. I forwarded your contact information along to our managing attorney, who will get back to you soon to answer any questions you have. In the meantime, if there are pressing issues, feel free to contact our office at (503) 731-8888.
Are there any organizations to help a mother who is going to court concerning full custody of her daughter in March? The father is suing for full custody because of anxiety and depression. She is now on the correct medications and all is going well. The child never suffered from her mothers problems. Any help would be appreciated.
Author
Thanks for reaching out. That’s a hard situation for everyone involved. We’ll be in touch soon and hopefully, have some answers for you about your options and how to move forward!
Hi. My wife took the kids and desepeer
I start making the paper work and go to the court to ask for kids custody
She’s not well and she’s suffering from symptoms of depression and anxiety
Can the court give her the kids custody under this stage
She can’t look after them and she always smacking them and she keep hurting her self and try to kill her self
What the court can do ?
Author
Thanks for reaching out. That’s a hard situation to be in. The good news is, you do potentially have options. It’s complicated and we can’t really get into it in this forum. I passed your contact information on to Colin Amos, our managing attorney. He will be in touch soon and have a more in-depth answer about what you can do.
I’m going thru a hard split. And I know for a fact it has to do with my partners depression. Mood swings . If worse case scenario last thing I wanted to do is have a custody battle with the mom what are my chances of being the main person?
Author
Hi Jose, sorry you have to deal with that. We can’t get into specifics in a public forum, but I passed your contact information on to someone who can help. He will reach out to you shortly to answer any phone questions you have and let you know how we can help.
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