How might my mental health affect my child custody rights?

How might my mental health affect my child custody rights?

| May 5, 2021 | Family Law |

Most people’s mental health struggles are private between them and their doctor. That’s not fully the case if you’re a parent seeking additional or looking to retain the custody that you do have, though. 

Your ex could bring any mental health concerns that they know that you might have into discussions about child custody. The judge presiding over your case could also ask about these concerns outright to ensure that they’re making decisions that are in the best interests of your kids. 

What impact may my mental health diagnosis have on my custody case?

A mental health diagnosis is unlikely to lead a judge to deprive you of custody. It may have some impact on your case if your ex can prove that it caused you to neglect your child’s basic needs, though. 

Any evidence that your mental health diagnosis may cause you to become aggressive or engage in self-harm on occasion may cause a judge to second guess placing a child in your care, though. 

The same logic may apply if you have significant enough of a condition that it doesn’t allow you to live independently on your own. Your ability to show that you’re consistent in receiving counseling or taking medication and that these keep you stable may give the judge more confidence in allowing your kids to remain in your custody. 

Addressing challenges to your custodial rights

It’s not uncommon for your child’s other parent to raise any and every concern possible when they think it will give them an upper hand in a custody matter. You need to prepare yourself for this when you attend a hearing in your case. An attorney can go over the questions that a judge is likely to ask you or documentation that they’re likely to want to see at a hearing so that you’ll have the best chance of preserving custody of your kids in your case.