Mental health is a prevalent health problem in Michigan. About 1.3 million Michigan residents have a mental condition. About 22% of adults in Michigan experience some form of mental illness. These are serious health statistics that can affect families. Statistics include 16.72% having a substance use disorder. 4.84% are contemplating suicide. This is a concern for courts when mental issues are present in a custody case. A parent might be part of this statistic. It can become a factor in a custody case.
Click here to watch the video on Does Mental Health Play a Role in Custody Determination
Hiding a mental health condition is not going to help. We’re saying it not just in the context of your custody case. We’re talking about this because you have to take care of yourself. You can’t care for your children if you’re not strong enough. There are things you need to know. You need not be afraid. You are not alone. There are lots of people with mental health problems. It is a treatable medical condition. What you need to focus on now is how to hurdle your custody case. We can walk that path with you.
How Will Mental Health Look in a Custody Case?
Mental health is a serious matter judges look into in a custody case. They want to see if the child will be safe. A parent who takes care of their health may still get custody. Mental health should be a matter of concern for parents. It can have a big impact on custody cases. The best interest of the child might be compromise. It will be a factor in custody cases. Forget the statistics we mentioned earlier, focus on these:
- Proof of Mental Health. Judges need solid proof. They need to confirm a parent’s mental health. The court would want to know how the parent is dealing with it. Medical records, reports from doctors, or testimony from mental health experts. These are forms of evidence. A pattern of behavior must be observed. The child’s well-being will matter too.
- How It Affects Parenting. Courts look at whether a parent’s mental health makes it hard for them to care for the child. They check if the condition causes harmful behavior. A mental health issue could get worse. They also consider whether the parent is getting help.
- Types of Custody. A parent’s mental health may decide the kind of custody they get. A parent may struggle to provide a safe home. They might not get physical custody. They may have trouble making decisions. They might not get legal custody.
- Supervised Visits. A parent’s mental health may pose a risk. The court might allow visits but with supervision. Judges may also mandate a form of monitoring. It might be a regular mental health check-in.
Trying to hide a mental health issue can backfire. It will come out in some way. Courts can order evaluations. They want to get the full picture. Be open and get treatment. It can show the court that you are being a responsible parent. The more important point is how you are dealing with your mental health.
What If You Ignore a Mental Health Condition? What Then?
Symptoms of mental issues are not easy to hide. In most cases, certain indicators will be discerned by people close to you. A parent might choose to ignore their mental health. This is not an ideal road to take. A parent may not be able to care for the child properly. Judges may think the child is not safe. The other parent may have a stronger case. Here are some things you have to understand if you’re not honest about your mental health:
- You Will Raise Red Flags. You chose not to get help. Things may not go your way in custody. It can lead to mood swings and poor decision-making. It might even lead to risky behavior. These are signs of instability. Your co-parent will see it. The court will see it, too.
- It Can Be Used in Court. Your co-parent might bring it up. Your co-parent can inform the court. Disclose these untreated mental health issues during the case. They might provide medical records, witness statements, or past incidents as evidence.
- The Court Orders Evaluation. The judge might think mental health is a concern. They may order an evaluation. A doctor will assess how the condition affects parenting.
- Custody Gets Limited. The court might believe the child is at risk. They may and they can limit custody. The judge could mandate supervised visits. In serious cases, even remove custody rights.
- Get Help, It Makes a Difference. Follow medical advice. Seek treatment. These remedial actions show responsibility. Keep records of therapy or medication. It can help prove you are taking the right steps.
See this through the judge’s eyes. A lawyer can tell you what it looks like from there. Judges want to see parents who are willing to work on their challenges. Take care of your mental health. You can protect your custody rights and strengthen family bonds.
The Impact of Ignoring a Mental Health Issue. Ignoring mental health in a custody case can lead to serious consequences. Here’s what can happen:
- How the Court Sees It. Judges want parents to take responsibility. A parent may ignore their mental health. The court may see this as a sign they’re not addressing problems. This could affect their child. This can hurt their chances of getting custody.
- Custody Decisions. Untreated mental health issues create a risk. The court may give custody to the other parent. In some cases, visitation might be limited or supervised.
- Mental Health Evaluations. A judge has the power to order a mental health evaluation. This order can get you in trouble. The court will find out your untreated issues. The court could decide on stricter custody terms.
- Focus on the Child’s Well-Being. The court’s main concern is the child’s safety and stability. A parent who doesn’t address their mental health will appear to not care. It may seem like they’re not putting their child first.
- Legal Considerations. A parent’s mental health history matters. If there’s a pattern of unstable behavior without treatment, the court may see it as a risk to the child.
Getting help can make a difference in custody decisions. Show you’re working on your mental health. Provide a more stable home. A stable home benefits both you and your children.
How Do Therapy and Medicine Affect Custody?
Parents who go to therapy show they are working on their health. Parents who take medicine as told show they are responsible. Judges trust parents who manage their health.
- Getting Help Shows Good Parenting. Judges like to see parents taking care of their mental health. So, go to therapy. Go take your medicine. Show that you are trying to stay well and be a good caregiver.
- Sticking to a Treatment Plan. Build trust by following your doctor’s advice. The court may see you as more stable. This can help prove you can take care of a child.
- Skipping Treatment Can Cause Problems. A parent may stop going to therapy. They can refuse to take medicine. The court might worry. A parent who does not manage their health may have trouble meeting their child’s needs.
- Doctors and Therapists Can Provide Proof. Parents can use medical records or notes from therapists. They can use it to show they are following a treatment plan. This can help the court see they are responsible.
- Custody Could Be Limited Without Proper Care. A parent stops treatment. It’s now affecting their parenting. A judge might limit their time with the child. In some cases, supervised visits might be ordered.
- Judges Want a Safe and Loving Home. Courts do not punish parents for having mental health challenges. They want to see parents take care of themselves so they can provide a happy, stable home for their children.
Impact on Custody Decisions. Now, this is how your therapy and medication will impact your custody case.
- Therapy and Medication Can Help in Custody Cases. Courts want to see parents who take care of their mental health. Get therapy. Take your medication. It shows you are a responsible parent. You’re working to stay stable for your child. This can make a good impression in a custody case.
- Proof of Stability Matters. A parent sticks to treatment. It shows they can provide a safe and loving home. Judges may look at therapy records or prescriptions. They need it as proof that a parent is managing their health.
- Mental Health Experts Can Weigh In. Therapists and doctors can share their opinions in court. They may explain how the treatment is helping the parent. Show the court the parent stays balanced and capable of caring for a child.
- The Child’s Well-Being Comes First. Judges always focus on what is best for the child. A parent’s treatment helps. It creates a stable home. It could lead to a better custody outcome.
- Some Concerns May Come Up. The court might ask about medication side effects. How therapy fits into daily life. Parents should be open about their treatment plans. Be transparent about any challenges.
Take care of your mental health. It is a sign of strength. It is not a sign of weakness. It takes courage. You need to have resilience to deal with mental health issues. Courts want to see parents who are working to be their best for their children. The court doesn’t want you to be a mental health statistic. We concur.
Mental Health Check, Can a Judge Impose It on a Parent?
A judge can ask a doctor or therapist. The court can order an assessment of the parent. Assess their mental health. A mental health report will help decide custody.
Judges Can Order Mental Health Checks in Custody Cases. A Michigan judge can ask a parent to take a mental health test in a custody case. This helps the court decide what is best for the child’s safety and well-being.
When Judges Might Mandate an Evaluation. A judge may order a mental health check. The judge may have concerns about a parent’s behavior. The judge will be looking into a parent’s ability to care for their child. Some reasons include:
- Past mental health issues that seem untreated
- Reports of unstable or unsafe behavior
- Concerns from the co-parent, teachers, or doctors
- A history of substance abuse or extreme stress
What a Mental Health Check Involves. The evaluation is usually done by a doctor or therapist. It may include:
- Talking about medical and mental health history
- Answering questions about daily life and stress
- Taking tests to check emotional stability
How It Affects Custody. The evaluation can show a parent is stable and managing their health. it may not affect custody. An evaluation may also show serious issues. It can reveal that the child is at risk. The judge may limit custody. May even require treatment first.
Judges want to make sure children are safe. A parent may need a mental health check. It’s best to be honest. Follow any treatment plans. This can show the court a parent is taking care of their health and their child.
How Can a Parent Show They Are Good for Custody?
A parent can show doctor records to prove they take care of their health. They should go to therapy if needed. They need a safe home for the child. A parent may not have a job at the moment. They should show they are looking for one. Doing this is not only about winning custody. Do it for a higher reason. Do it for love. The love for your children. Should there be a greater reason? Whatever the reason, here is a piece of our collective mind at Goldman & Associates Law Firm:
- Stay Involved in Your Child’s Life. Show up for school events. Be there for doctor visits. Join activities. Be in the present and engage. Prove you are committed to their well-being.
- Create a Stable Home. Your children should be in a safe. Give them a clean place to live. Keep a steady routine. Create a secure environment. Help build a strong foundation for them.
- Get Along With Others. Be kind and respectful to family and the other parent. Arguing in front of your child can make things harder for them.
- Talk and Listen. Good communication helps with parenting. Stay calm. Work through problems. There is a healthy way to do it.
- Plan for Their Needs. Think ahead about school, health, and daily life. A solid plan shows you are ready to care for your child.
- Take Care of Yourself. Stay healthy in your body and mind. A strong parent can better support their child.
- Save Important Papers. Keep school papers, doctor notes, and messages about your child. These can help show you are responsible.
- Ask for Help if Needed. A family lawyer can help you understand custody rules and what to do next.
You love your children. We seldom doubt that. So, show the court that you are responsible. Prove you are stable and involved. These help you build a strong custody case. Or, show everyone your children mean the world to you.
Can Social Media and COVID-19 Affect Custody?
If a parent acts unstable on social media, the court may see it. Many people had stress during COVID-19. The court will not take away custody for stress. Parents should show they are handling it. Social media will be around for a while. And, COVID-19 may not be the last pandemic we’ll know and experience. These are the lessons we learned living with social media and the pandemic.
- Social Media Can Be Used as Evidence. Courts often look at social media. It can be a resource when making custody decisions. Posts, pictures, and comments can show a parent’s behavior. A parent posts about partying. You see parents arguing. Witness them making poor choices. These things may hurt their case.
- Talking Badly About the Other Parent Can Backfire. Posting complaints. Insulting the other parent can look bad in court. Even private posts can be shared. They can be used as evidence. Judges want to see parents who can cooperate. They want to see parents putting their children first.
- Privacy Settings Don’t Guarantee Privacy. A profile might be set to private. Posts can still be found. Screenshots and court orders can bring social media content into a custody case. Parents should think carefully before posting.
- COVID-19 Decisions May Affect Custody. Courts may look at how parents handle health. They look at how they deal with safety during the pandemic. A parent may ignore health guidelines. They may put the child at risk. It could impact custody.
- Routine and Stability Matter. COVID-19 changed the world. It changed daily life for many families. Judges may consider how each parent managed schooling. They want to see how they carry medical care and emotional support. Parents who keep things stable may have an advantage in court.
- Access to Care Is Important. A child may have needed medical or mental health care during the pandemic. The court may look at how each parent handled it. A parent who made sure the child got the right support may be seen as more responsible.
What do parents post online? How did you handle challenges like COVID-19? It can make a difference in a custody case. Being mindful and responsible can help build a stronger case in court.
What Should a Parent Do If Mental Health Is an Issue?
Knowing you are having mental issues is dreadful. It’s like being told you’re dying. It’s hard hearing from a professional telling you it is real. Even harder embracing it. We deny. We hide it. As parents, we may not have that many options but to be honest with ourselves. Honest to people we care about. A parent should get help from a doctor or therapist. They should keep records to show they are doing better. A lawyer can help protect their rights. Hiding will not free you from the pain. Taking action will.
- Get Professional Support. A parent should see a therapist or doctor. This shows they are taking care of their health. Following a treatment plan can help them stay stable for their child.
- Follow the Treatment Plan. A parent should go to therapy when needed. They should take medicine if a doctor prescribes it. Doing these things shows they are working to stay healthy.
- Keep Records of Progress. A parent should write down their therapy visits. They should also keep track of their medical schedule. These records show they are serious about getting better.
- Be Open and Honest. A parent should tell the court about their mental health. They should also share what they are doing to improve. This helps build trust and shows responsibility.
- Build a Support System. A parent should have people who can help them. Family, friends, and doctors can offer support. A strong support system makes life more stable.
- Prove Stability at Home. A parent should keep their home safe and calm. They should follow a daily routine. This helps the child feel secure.
- Consider Parenting Classes. A parent can take a class to learn parenting skills. They can also join a group for support. These steps show they want to be the best parents they can be.
- Talk to a Lawyer. A lawyer can help a parent understand their rights. They can also explain how to handle custody concerns. Good advice can make a big difference.
When a parent takes care of their mental health, they help their child, too. Small steps can show the court they are ready to give their child a safe and loving home. Mental health is a serious concern. Data shows how significant it is. In the context of your custody case, it should be seen just like any challenge. You get around it with courage. You live with it under the care of people who love you. Take care of yourself. Let’s carry the heavier load of custody for you.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.
At Goldman & Associates Law Firm there’s always a sympathetic ear ready to listen.
Schedule your complimentary case evaluation with our leading attorneys.
(248) 590-6600 CALL/TEXT if you need legal assistance.