Mental illness. It’s thrown under the carpet for a variety of reasons. What about when it becomes an issue in a divorce ? How are child custody and visitation impacted when a mentally ill parent is part of the equation?
Obviously, there are different types of mental illness. Some may not have anything to do with the parent’s ability to raise a child. Others could represent potential catastrophes. Surely, mental illness can be an issue in child custody and visitation arrangements.
A mother or father may assert mental illness concerns as a means of revenge.
Others will invent disputable claims concerning the other parent’s mental health.
In some cases, there may be genuine worry about turning child custody over to a mentally ill parent.
The Best Interests of the Child
We’ve previously offered some insight concerning the best interests of children. When the court makes decisions regarding custody and visitation, the focus is not on the parents. It’s about what will work best for the children.
With an emphasis on ensuring your children’s safety and wellbeing, you may be asked to provide medical documentation and submit to psychological exams.
You may feel frightened. Threatened. Violated.
As hard as it sounds, an experienced family law attorney can help you through the process. Keep in mind. You, too, want what’s best for your child.
Mental Illness Does NOT Absolutely Preclude Child Custody
Case in point. Take the matter of JEV v. KV, 45 A. 3d 1001 – NJ: Appellate Div. 2012. The case was taken on appeal because of issues concerning permanent alimony. KV felt the degree of her mental illness was evident. She considered it the reason she was entitled to lifetime alimony.
KV was diagnosed with bipolar disorder and symptoms of borderline personality disorder. She was prescribed medication and was hospitalized for mental illness on three separate occasions.
During their marriage, JEV and KV employed both housekeeping and nanny services. When considering child custody issues, the trial judge allowed KV “to remain the primary caretaker of her children, with the considerable assistance of the household help she has enjoyed throughout the lives”.
The Court’s Approach to Mental Illness and Custody
A quick review of the laws on custody clearly speak on the fitness of the parents in custody decisions. This obviously includes mental health issues. Again, it is up to the court to act in your child’s best interests.
It’s not enough to just say the other parent is unfit.
If you have legitimate concerns that your child can be in danger, share them with your attorney. Document them. Keep a diary of all events that worry you. Put your own issues aside and advocate for your children.
Contact Us
Clients tell us that Sam Stoia’s compassionate nature has helped them through difficult situations. His experience as a family law attorney includes matters regarding mental illness and custody. If you are facing child custody or visitation issues, contact us for an appointment. There is no charge for the first visit.