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Can parents’ mental health struggles hurt them in custody cases?

On Behalf of | Oct 8, 2024 | Divorce

Are you divorcing a co-parent with mental health issues? Alternatively, you may be the one worrying that your darkest mental health moments could strip you of custody of your beloved child(ren).

In either situation, below is some information for those who may soon be navigating those custody waters.

Diagnoses alone don’t prevent custody

According to the National Alliance on Mental Illness (NAMI), 58.9 million (or 22.8%) of adults in the United States have experienced mental illness. Many of them are parents, often working and functioning quite well due to compliance with medication and behavioral therapies.

So, a diagnosis alone is insufficient to affect your parental or custodial rights.

Management of your disease is key

Here, the devil is in the details. A bipolar parent who goes off their medication regime and experiences the dizzying highs and terrifying lows of their condition is not able to safely parent. Ditto for other untreated mental illnesses that cause loss of touch with reality or behaving promiscuously or irresponsibly when the parent is with their children.

Remain proactive about your mental health

Divorce is one of the toughest life transitions to endure. If you are already struggling to manage a mental health condition, now is the time to check in with your psychiatrist and/or therapist. You want to apprise them of the circumstances you’re facing. They may be able to enhance your care plan with more frequent visits or even tweak your medication dosage.

HIPAA laws provide protection

Make sure that you loop in your legal counsel about any allegations you could face from your soon-to-be ex-spouse regarding your mental health. They can object to overly broad or too specific interrogatories that arise from the discovery process.

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