It can be difficult to talk about, but it must be recognised: mental illness affects all aspects of a person’s life as well as life around them. Sometimes a mental illness can have serious or devastating effects on a marriage or relationship. This can often lead to problems with divorce or child custody.
When we talk about mental health and mental illness, we use it as an umbrella term for a variety of disorders, including issues such as depression, anxiety, bipolar disorder, addiction, and other disorders. It is understood that everyone is unique and presents unique symptoms.
How Mental Illness Can Affect Child Custody
Cases involving a parent with a mental illness are notoriously complicated. This umbrella term includes depression, anxiety, addiction, borderline personality disorder, bipolar disorder, and many other conditions.
The nature of each disorder is very different. The same goes for how a particular mental illness affects a particular custody case.
Infographic text: Can mental health issues be used against you in a custody battle?
Yes, but only if your condition affects your ability to raise your child. You are more likely to lose custody if your diagnosis:
- neglects your child’s basic needs.
- Has episodes of aggression or self-harm.
- Inability to function independently.
- Create an environment that is not safe for children.
Joint Custody
Joint Custody means that both parents have an equal right to make decisions about a child’s health, education and welfare. Joint custody is common in California, and a judge can award joint custody to parents except in special circumstances.
The terms of physical custody determine where a child will live after a divorce or legal separation. If a court awards custody to a parent, the parent retains the right to the physical presence of the child in the home. The parent who is solely or primarily hosting the child is legally referred to as the “custodial” parent, while the other parent is referred to as the “noncustodial” parent. The particular circumstances of a case may determine whether the noncustodial parent is granted visitation rights.
Speak to a Tampa custody attorney
In short, just because a parent has a mental illness does not mean that custody is lost. However, it is also true that a former spouse or partner may attempt to use mental illness against you in a child custody case.
If you have a history of mental health issues that a former partner is using to limit or terminate your parental rights, discuss your legal concerns with a Tampa FL custody and timeshare attorney at The McKinney Law Group. Contact us online today for a free consultation.