What bearing do mental disorders have on custody decisions? Where the child will thrive in a custody dispute is decided by the court. The court ultimately decides the custody of the child. One parent must prevail over the other in this situation. Child custody is affected by mental health difficulties. Even if it’s not your fault, it might still be taken into account when deciding who gets custody. How do mental health concerns impact child custody decisions?
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You cannot choose to stop the condition, unlike with drug addiction. Both inherited and experiential factors might contribute to mental health difficulties. Even dealing with reasons or origins is not necessary for the court to address. The court just needs to acknowledge that mental health difficulties exist. It will be necessary to address those mental health difficulties. Court proceedings on child custody may be postponed until then. The other parent may receive temporary custody as a result.
What is mental health and mental illness?
Our mental health. Our emotional, psychological, and social well-being. All parts of our mental health. It influences our feelings, thoughts, and actions. It affects our decision-making, interpersonal interactions, and stress management. It accompanies us from early childhood through adolescence and adulthood. Your mental health conditions may affect how you think. They are mild to severe in severity. It can have an impact on your mood, and behavior throughout your life. Mental disorders can affect your thoughts, feelings, and/or behavior. Nearly one in five persons suffer from a mental disease. This is the data gathered by the National Institute of Mental Health.
Many elements affect mental health, such as:
[ a ] Biological factors, including DNA or the chemistry of the brain.
[ b ] Experiences with trauma or abuse in life.
[ c ] A history of mental illness in the family.
Examples of mental health disorders are:
[ 1] Attention-deficit hyperactivity disorder or ADHD
[ 2 ] Bipolar disorder
[ 3 ] Borderline Personality Disorder (BPD).
[ 4 ] Antisocial personality disorder
[ 5 ] Anxiety disorders (Includes panic disorders, phobias, and generalized anxiety. It also includes obsessive-compulsive disorder (OCD), and social anxiety)
[ 6 ] Eating disorders (including Bulimia Nervosa, binge eating
[ 7 ] Disorder, and Anorexia Nervosa.)
[ 8 ] Post-traumatic Stress Disorder (PTSD)
[ 9 ] Depression
[ 10 ] Schizophrenia
[ 11 ] Seasonal affective disorder (SAD)
[ 12 ] Self-harm
[ 13 ] Suicide and suicidal behavior
Serious Mental Illness or SMI. A mental illness that significantly impairs a person’s life. SMI interferes with your capacity to function normally. Contrary to popular misconceptions, having an SMI is not a decision. It is not a weakness or a deficiency in one’s personality. It can’t be “snapped out of” with willpower or something that merely “passes” by doing so.
An early indicator of mental health problems can be one or more of these feelings or behaviors:
[ a ] Consuming alcohol, tobacco, or drugs more frequently than normal.
[ b ] Experiencing exceptional levels of confusion, forgetfulness, agitation, rage, sadness, anxiety, or fear.
[ c ] Arguing or shouting at loved ones or friends.
[ d ] Enduring extreme mood swings that complicate relationships.
[ e ] Overeating or undereating.
[ f ] Pulling back from people and routine activities.
[ g ] Lacking or having no energy.
[ h ] Feeling numb or as if nothing is important.
[ i ] Experiencing undiagnosed aches and pains.
[ j ] Sense of helplessness or despair.
[ k ] Persistent ideas and memories that you can’t shake off.
[ l ] Hearing voices or accepting false information.
[ m ] Visualizing or fantasizing about suicide, inflicting injury, or killing others.
[ n ] A lack of ability to carry out regular chores like caring for your children or traveling to work or school.
The national average of people reporting feeling symptoms of anxiety and/or depressive disorder in May 2022 was 28.2%. Michigan individuals part of this 28.2% stated needing counseling or therapy. In Michigan, 11.7% of children aged 3 to 17 had mental health treatment in the year 2021. This is in comparison to 11.2% of children nationwide. A lot of children needing mental health care do not receive it nationally.
How will mental health issues affect your child custody case?
The courts are naturally biased in focusing on the best interests of the child. They do so over all other considerations when deciding custody. This is regardless of the circumstances, including the presence of a parent who suffers from a mental illness. This involves both emotional and physical safety. The most significant way mental illness affects child custody has to do with safety. The consideration is whether it’s hazardous or bad for a child to stay with one parent.
Judges take the parents and anybody involved in the children’s lives into account. In one case, the trial judge granted custody of the children to the mother. The mother’s behavior was exceedingly unpredictable and suggestive of mental illness. The father argued in his appeal of the verdict. The mother had, among other things, claimed that one of the children was possessed by demons. She called the father and falsely claimed that she had killed one of the children. The mother slapped the kids repeatedly resulting at least once in a split lip. The mother repeatedly vanished from the house without warning. The appellate court considered this evidence. The appellate court ruled that the trial judge was incorrect. The appellate court gave custody to the father. The father didn’t experience the same emotional and mental issues.
A parent cannot be disqualified by mental illness in the context of custody. But, it will probably affect the choice. The court considers the effects of mental health on parenting capacity. The court considers the parental bond with the child. The effect on child custody depends on how serious the mental health problem is. This can depend on the disorder. A parent may need to get in-home care, be frequently hospitalized, or be prone to violent outbursts. All these elements could tip the scales in favor of the opposing parent. When a mental health issue is treatable, the effects are frequently less severe. A judge is less likely to refuse custody if treatment and counseling are availed of. You can also use other measures to successfully control symptoms. Mild mental illness, such as mild sadness or anxiety, may not affect at all the proceedings. The courts will opt to maintain both parents’ involvement with their children. How much mental illness affects child custody depends on what is best for the child. Though it might not prevent a parent from receiving custody, it might influence the type.
Visitation rights may also be affected by mental health difficulties. The court may feel that the child will be in danger as a result of visitation. The court can limit a mentally ill spouse’s access to the child. Supervised visitation is an alternative to total visitation restrictions. The court can prevent overnight visits until the parent obtains mental health counseling. A court can order that a third party be present during visitations.
Every aspect of a person’s life is typically affected by mental illness. Abuse usually just affects intimate relationships and little else in life. They can behave violently resorting to physical or verbal assault. They might appear to have a mental illness. When angry, the spouse would also scream at, hit, and/or kick their friends, family, and coworkers.
Mental illness and abuse can coexist. There are instances where people with mental illnesses abuse their relationships. Many people who are healthy and supportive partners also have mental illnesses. Your partner can be mentally ill and can assault you. The violent behaviors must be addressed independently by the spouse. The abusive partner must seek help. The partner needs to have a plan for dealing with their mental condition.
A parent’s mental illness can significantly affect children. It can affect their health and wellness. Problems with anger management can lead to verbal or physical abuse. Despair can occasionally lead to neglect. A child’s growth or attachment to one or both parents might be affected by a parent’s worries. They can be affected by their dysfunctional coping techniques. And this can lead to a conclusion about their fitness as parents.
What can you do if a mental health issue exists?
Mental health diagnosis cannot jeopardize a parent’s right to custody of their children. A parent’s mental health condition shouldn’t be used against them. The court can consider the mental health condition in the context of action taken to manage it. It can look at it as a well-controlled condition for a long enough period. A condition addressed through treatment, medications, and adhering to doctors’ recommendations.
The parent alleging the co-parent’s mental health is an issue must establish the existence of the ailment. The parent must establish how it impairs the capacity to function as a parent. Medical and mental health records are confidential. It cannot be disclosed without the patient-parent’s consent. This might prove challenging. The Court has the option to assume the parent’s records would be adverse to their case. They can refuse to provide them.
The healthy parent may file a motion for modification. It is a temporary modification to adjust custody and parenting time. They must provide evidence of the other parent’s health. Explain why the court’s intervention is necessary. Think about the effects this might have on the unhealthy parent. The necessity for that person to become better for the benefit of the children. Parents should seek the impartial guidance of a mental health professional. This professional can help you navigate these incredibly difficult, ever-changing legal waters.
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