Northern Virginia Family Law Firm Focuses on Child Custody
Arlington, Virginia Divorce Lawyer Knowledgeable About How Mental Health Affects Child Custody
Mental health issues sometimes lead to divorce and also impact child custody in several important ways. When determining child custody, courts must evaluate what is in the best interest of the child by evaluating certain statutory factors that include the mental health of the parents and the child(ren)in question. If it is unsafe or harmful for a child to be placed with a mentally impaired parent, it will undoubtedly affect the decision regarding custody. If a parent’s condition negatively affects their parenting ability or their relationship with the child, the court must take into account when determining custody.
Mental Illness Doesn’t Automatically Determine Custody
Mental illness doesn’t automatically disqualify a parent from getting custody, although it will likely influence the decision. If a parent is diligent about getting help as demonstrated by continued and consistent effective therapy, and continued and consistent medication as prescribed, the court will not hold this against them. Court’s like parents who help themselves. The danger lies when a parent who is suffering from mental health issues, is in denial, and fails to get proper treatment. In such a case, that parent risks not only losing their custody case, but if their symptoms place the child in danger, the parent may be subjected to supervised visitation and unable to be alone with their child.
While mental illness impacts child custody in some situations, it really depends on the specifics of the case. If a parent is able to manage their condition through medication, therapy, or other treatments, a judge will be less likely to deny custody. Mild conditions like moderate depression or anxiety may not influence the decision at all. If a parent is experiencing delusions, paranoia, and unreasonably denying the other parent access to the child without logical justification, that parent is in danger of losing custody and being subjected to supervised visitation.
If you are a parent who suspects that the other parent is suffering severe mental health issues, it would be wise to consult an experienced attorney who may help guide you and bring in the proper expert to evaluate the impaired party. A good expert can evaluate the impaired parent, and testify in court as to why it is not in the best interest to place the child in the custody of the impaired parent.
Contact an Experienced Virginia Child Custody Attorney Today
Mental health issues can — and often do — affect child custody orders. Claudia Zucker has been practicing family law in Virginia for more than 20 years, and she has the experience to help you make the right decisions for your family. Contact her online or call (703) 596-1005 to schedule your initial consultation today.
