In the United States, nearly one in five adults lives with a mental illness. If you have been diagnosed with a mental illness and your ex-spouse finds out about it, they can try to change your custody agreement by claiming you are an unsuitable parent. But can you lose your custody because of your mental illness?
Mental Illness of a Parent and Physical Condition of Parents in Florida
What Does It Mean to Be a Disabled Parent in Florida?
Florida Statute §751.05 states that the court must determine that a parent has abandoned, abused, or neglected a child in order to determine that a parent is unfit. A parent may also be considered unfit if they have a mental illness or substance abuse problem. These problems may be recent or the person may have a long history of behavior or condition.
In the case of mental illness and substance abuse, the judge will consider all relevant factors in determining whether placing the child with the parents would create a potentially harmful situation for the child. The judge could order the child limited or supervised access to the parent if giving sole custody to the other parent or guardian.
What qualifies as a disqualified parent
Under Florida Statute 751.05, a parent may be declared disqualified if they have abused, abandoned, or neglected the child. Abuse includes intentionally causing physical or emotional harm to a child. This may also include intentional acts that could reasonably be expected to cause mental or physical harm. In addition, a parent may be considered abusive if they actively encouraged another person to commit an abusive act against the child.
Alternatively, a parent may be deemed unable to work due to neglect of the child. Neglect occurs when a parent fails to provide the care and supervision necessary for the child’s mental and physical health. A parent or guardian may also be considered negligent if they have failed to take reasonable steps to protect a child from abuse, neglect, or exploitation by another person.
Methods to resolve custody conflict with other parent
- How reasonable and cooperative was father during divorce?
- Did the father refuse to bond or communicate?
Co-parenting is hard! It takes a lot of work to have a positive relationship with your co-parent, but it takes two. If one parent constantly puts the other down or every decision is a fight, your child will feel it.