How Mental Health Affects Divorce or Child Custody Proceedings?

Let the best divorce attorney in Grand Rapids, MI, explain how mental health influences child custody or divorce proceedings.

When a Divorce proceeding ultimately boils down to a battle over child custody, a court has its work cut out. In most cases, a court will take into consideration each parent’s financial and personal stability to reward the more competent of the two with the child’s custody. Needless to say, mental health here plays a key role in influencing a court’s decision.

The court’s priority in such cases is to ensure a child’s safety. As long as the deciding judge feels that your mental health doesn’t in any way affect your ability to care for a child, you have a chance at winning custody.

The thought of losing a custody battle due to underlying mental health issues can be daunting for parents. As such, we would like to dedicate this little article to discussing the nuances surrounding mental health and the effect it can have on an ongoing divorce proceeding or child custody.

Being home to top divorce lawyers in Grand Rapids, MI, here at The Law Offices of Sean Patrick Cox we have some invaluable insight to share on this topic.

So without much further ado, let’s get started.

How Significant can Mental Illness be in Determining Custody Decisions?

As we mentioned before, a court’s sole responsibility during custody cases is to ensure the children’s safety. They will assess whether a parent is financially and mentally capable of caring for and protecting their child. Due to the fear of losing custody, some parents try to hide their mental illness.

But as our grand rapids divorce lawyer would say, this is a bad idea. A court may order custody evaluations to find out whether a parent is afflicted with mental illness of any form. It is important to note that just because you’ve been diagnosed with a mental illness, a favorable court judgment shouldn’t be ruled out. The court will order further assessment of the diagnosed mental illness to determine the severity of your condition.

Factors that can Influence a Judge’s Decision

According to the best divorce attorney in Grand Rapids, any judge presiding over a child custody case will consider the following factors.

•       Could the diagnosed mental illness aggravate in the future
•       Can treatment help manage or eliminate symptoms
•       Can the mental illness cause harmful behavior
•       Is a child old enough to understand that their parent is suffering from a mental illness
•       Is the parent willing to get help

Parents whose mental illness triggers violent outbursts or parents who need prolonged hospital stay are normally denied child custody. Depending on the child as their main source of support can also result in the parent losing custody.

Mental health conditions might also determine what type of custody a parent is ultimately rewarded. For instance, if a particular mental illness affects the parent’s ability to provide a safe living environment to children then they will not receive physical custody. Legal custody can be denied if mental illness ends up affecting a parent’s decision-making capabilities.

Can One Lose Custody for Anxiety or Depression?

Depression and anxiety are perhaps the most common types of diagnosed mental conditions. Whether these conditions will lead to you losing custody will largely depend on their severity. If anxiety or depression doesn’t affect your ability to function, provide, or care for your child, then a court may consider rewarding you the child’s custody.

If the depression is severe and affects your daily life significantly, then the court will think it best to not rule in your favor. Our Grand Rapids divorce attorney has had clients before who suffered from depression, mood disorders, and anxiety. These conditions in no way make anyone a bad parent. We advise being forthcoming about these conditions beforehand to show the court that you have control over them.

Proving Mental Illness in Court

There is ample data out there to suggest that mentally ill parents are more likely to lose custody in court than other parents. If you feel that your ex is not being truthful about their mental health, then you can take action with assistance from our Grand Rapids divorce lawyer to prove mental illness in court.

We suggest keeping a custody journal to document all behavior depicted by your ex that could potentially harm your child. You can also access your ex’s medical records to build your case. If you have money to spare, then you can hire a mental health professional to assess your ex’s condition.

A divorce proceeding, especially if it involves child custody can become emotionally stressful. Here at The Law Offices of Sean Patrick Cox, we harbor top divorce lawyers in Grand Rapids, MI, that offer guided counsel throughout the proceeding.

Call us now to book an appointment.