Custody cases can be impacted by mental illness. Your browser is out of date. If there is already a diagnosis, it’s relatively easy to prove. But here we are. Mental illness is a factor in determining child custody, but its impact on your child could be offset by other factors such as the relationship you and your wife have with your child, what the preference of the child is, and the closeness of each of you to your child’s school and other activities. and your attorney can raise issues that may point to this realization. You can read more about mental health statistics at the website for the National Alliance on Mental Illness. Proving Mental Illness. Any practice of denying custody on the mere basis of a diagnosis of depression risks a return to the underreporting of the disease. For example, Facebook pictures of your ex out partying can be helpful in proving alcoholism in custody cases, but other disorders have symptoms that are more subtle and challenging to show in court. and your child’s rights. if you knew she had a mental illness why did you marry her? Fortunately, this is what many children develop different types of diagnoses due to their parents illness. He also says that they are looking at the middle of next year before going back. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter. if the child was of age to say who she wanted to live with, many states do age 12 i see this one did age 11, there is nothing anyone can do. If one parent has a history of mental illness, this may suggest to the court that the parent cannot provide a safe home environment and that it is not in the best interests of the child to live with that parent or to visit that parent regularly. Custody loss rates for parents with mental illness range as high as 70-80 percent, and a higher proportion of parents with serious mental illnesses lose custody of their children than parents without mental illness. In fact, one in five adults experiences a mental illness. You know it's there – you sense it and intuit the signs – but there may be no tangible, visible proof. Even if your spouse has admitted that she suffers from mental illness or if you have seen her take prescription medications, it is still important to obtain an official diagnosis from a qualified mental health professional. THIS IS AN ATTORNEY ADVERTISEMENT. An attorney can help you prepare your case Best Interest of the Child. Factors such as mental and actively fight for what you deserve while in court. Mental Illness and the Child Custody Case. That makes a one-size-fits-all solution to addressing mental health and parenting issues impossible. Generally, most states will not allow you to testify in your custody trial regarding what mental illness you think your spouse has. consistently distort reality. Millions of Americans suffer from mental illness, so addressing this issue during divorce or custody disputes is common. We have the do you really want to go down this road? One aspect of divorcing someone with mental illness that makes it tricky to deal with is that each illness involves particular common characteristics, but also carries attributes unique to the individual. It can be difficult to protect both your rights and your child’s rights. Different states have different laws and certain factors a judge should consider when issuing support awards or determining physical custody arrangements, but generally mental illness plays the biggest role in support and custody rulings. a favorable custody decision. Are you concerned about mental illness and child custody, In most cases, a mental illness will not prevent a parent from gaining custody and spending time with their child. Sole Custody Agreements: Proving Your Case. Stay strong for your son. Proving that you are participating in ongoing recovery, whether from your mental illness or your co-occurring substance abuse disorder, goes a long way toward strengthening your case for custody. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Parents with mental illness should be upfront with their lawyer as they can help ensure that they’re getting the necessary treatment. This adds significant costs since you are paying for multiple evaluations. skills and experience necessary to walk with you every step of the way, Psychologists or therapists who conduct these types of evaluation for divorce or custody cases charge retainers before undertaking any work. be hard to detect, and seeking counsel can help. Proving mental illness in your child custody case can Attorney services are provided by licensed attorneys in every state where Cordell & Cordell offices are located. He got away with it because neither the girl or her parents are willing to file charges. Lisa Karges, Florida Resident Partner - Tampa, FL. In cases where the mental illness has gone undiagnosed for years, you may have difficulty proving it now. To get the full experience of this website, In the absence of clear evidence that the parent’s ability to effectively parent their children has been adversely impacted by the disease, a diagnosis of depression should have no impact on decisions regarding custody and access.