Mental Health And Custody

Being a parent can be hard, and sometimes we need help navigating life’s challenges. Many parents have made the right decision to seek the services of mental health professionals to aid in their ability to handle the stress of parenthood, professional careers, and personal relationships. As a society, we have made significant progress in our attitudes toward mental health diagnosis and treatment. However, despite society’s progress, often mental health care makes clients concerned about how the Court will view custody cases involving one parent getting mental health treatment.

Is the Court going to hold it against me that I have a mental health diagnosis?

In short, likely no. New York is one of the nation’s legal leaders in making sure a parent is not penalized for having a mental health issue and seeking treatment. Seeking treatment is actually the best option for a parent who is having any type of potential mental health concern. Proactively understanding that there could be an issue that affects the care of the child will likely demonstrate parental responsibility to the Court. Too often, the Court and family attorneys are forced to confront parents who are unaware they have unaddressed mental health issues. While the Court will want to see that a parent is dedicated to taking treatment seriously, a parent should not be afraid to seek help when it will be in the best interest of the parent’s mental health and, thus, the best interest of the child.

Will the other party try to use my mental health diagnosis against me?

In many cases, they will, and that’s why experienced family law attorneys are vital to fighting for your rights. Though the Court should dismiss any claims that a person’s mental health diagnosis poses a risk to the child on its face, not every Court will automatically do so. An experienced family law attorney will petition the Court to make the opposing party show clear and convincing evidence that mental health stops one parent from providing adequate care to the child. The standard is high, and a parent receiving proper treatment under a mental health professional should have no problem defeating such a claim with an experienced family law attorney by their side.

If the Court finds my mental health diagnosis stops me from providing adequate care, does that mean my child will never be able to come back to me?

Absolutely not. While it is possible that the Court can find that mental health issues necessitate a child being in the primary custody of the other parent, a parent should not believe that the Court will never allow a child to return to the parent. There are a lot of mental health issues that someone can experience: substance abuse, depression, schizophrenia, manic depression, alcoholism, PTSD, and others. A mental health diagnosis, even some of the most terrifying, can be treated. Every situation is different, every circumstance different, and every client unique. The answer is to have the right representation in Court that believes in you and ensures that the Court is always reminded of the work you are doing to help yourself.

Every child deserves to be loved by their parents. Every parent deserves the chance to make themselves better so they can provide love to their child. At the Colwell Law Group LLC, we have experienced family law attorneys ready to protect and support you while you work on your mental health to provide the best possible care for your child.