Mental Health Increasingly a Factor in Child Custody Decisions

Mental Health Increasingly a Factor in Child Custody Decisions

Judges Weighing Mental Health Issues

Mental health issues like anxiety, depression, and substance abuse are becoming more prominently recognized as relevant factors in family law cases. Courts are taking these mental health considerations into account when making important decisions about child custody arrangements and visitation schedules.

While mental illness alone does not make someone an unfit parent, judges must carefully evaluate how a parent’s mental health condition impacts their ability to adequately care for and ensure the wellbeing of their child. Cases are examined individually based on specific evidence and circumstances.

Anxiety and Depression’s Impact

Anxiety disorders and depression can potentially affect parenting capabilities in different ways. Key issues courts may consider include:

Potential Negative Effects

– Severe persistent anxiety limiting a parent’s energy and emotion availability

– Depression causing withdrawal, negativity, or detached parenting

– Failure to properly administer medical care or attend to basic needs

– Increased hostility and domestic violence risk with some conditions

Potential Positive Factors

– Compliance with treatment plans and effective symptom management

– Insight into limitations and making accommodations in the child’s best interest

– Positive support system and co-parenting abilities

Ultimately, custody determinations hinge on the specific level of functional impairment and how this impacts the child’s wellbeing. Courts will evaluate the severity of symptoms, steps taken for treatment, risk factors, and the child’s needs.

Substance Abuse a Growing Custody Consideration

The risks of active addiction and substance abuse are taken especially seriously by courts assessing custody matters. Potential dangers include:

Risks of Active Substance Abuse

– Child neglect and failure to properly supervise

– Exposing the child to illegal drugs or substance abuse

– Increased potential for domestic violence and child abuse

– Diverting money intended for child’s needs to purchasing drugs/alcohol

While not always disqualifying, courts will look for strong evidence of sustained sobriety from individuals with a demonstrated history of substance abuse, compliance with treatment programs, and measures taken to ensure the child’s safety before approving any visitation or custodial rights when addiction issues are present.

Weighing Sobriety and Recovery Efforts

Factors that can help a parent’s custody case if substance abuse has been an issue include:

• Consistent participation in an inpatient or outpatient treatment program
• Regular attendance at support group meetings like AA or NA
• Proof of negative drug tests over an extended period
• Removing negative influences and triggers from their environment
• Having a relapse prevention plan and sober support system in place

Courts want to see tangible evidence that a parent has acknowledged their substance abuse issues, taken responsibility for getting help, and established a solid foundation for long-term sobriety and stability before granting custody.

Being Proactive About Mental Health

For individuals navigating child custody cases while managing mental health conditions, being fully proactive is crucial. Recommendations include:

Proactive Steps for Custody Cases

– Following treatment plans and maintaining medication compliance

– Providing evidence of symptom management and parenting abilities

– Utilizing a robust support system and co-parenting resources

– Advocating for your fitness through witnesses and documentation

– Working with an attorney experienced in mental health custody factors

Demonstrating a Commitment to Your Child’s Wellbeing

Beyond just managing their own condition, parents with mental health issues should be able to show judges how they prioritize and accommodate their child’s needs and best interests. This could include:

• Arranging for reliable childcare and supervision when symptomatic
• Modifying a custody schedule based on the child’s age and specific needs
• Having an autism care plan if the child is on the spectrum
• Removing potential safety hazards from the home environment
• Setting up an emotional support network for the child

By staying committed to their mental health care and making kids the top priority, many parents can still achieve favorable custody arrangements despite psychiatric conditions. The family law team at Curran Moher Weis can guide you through this process.