Will I Lose Custody if I Suffer from Mental Illness?

 Posted on September 30,2024 in Child Custody

Awareness of mental health issues has been slowly increasing in America over the past few years. While some parents involved in a tense divorce might throw terms around like "he’s crazy" or "she’s insane," data shows that the number of people receiving mental health treatment has been steadily on the rise in recent years. 

This also means there is an increased understanding of what it means to live with mental illness, making those insults much less effective. Yet it can still be extremely distressing if you are accused of being mentally unfit to raise your children. If your ex is doing this to try to reduce your parenting time, speak with an experienced DuPage County, IL family law attorney who can explain your options and guide you forward.

Mental Health and Parenting

According to the National Alliance on Mental Illness, about one in five adults experiences some form of mental illness every year. What that means is that if you are one of the approximately 22 percent of adults with a mental health condition, you are not alone and you are not even unusual. As awareness increases, there is much more knowledge about how mental illness exists on a spectrum. 

Simply having some form of mental illness is not enough for a court to decide that you are unfit to be a parent. The specific condition you have and its severity are important details that impact a custody decision. If you are generally stable and manage your condition through therapy and medication, much like any other illness, it is unlikely this would affect your ability to provide a safe and healthy environment for your child. However, if you suffer from a dangerous psychosis or depression, or your condition makes you behave in a way that upsets your child, a judge might consider restricting your parenting time.

Mental Health and Custody

If there are concerns about your mental capacity to raise your children, you might be ordered to undergo a psychological evaluation. This can be requested by a parent or the court. As intimidating as it may seem to be subjected to psychological testing or having a mental health professional interview you and others about your mental state, it can be beneficial. Your spouse might claim that you pose a risk, but your psychological evaluation could end up proving you are stable and fit to be responsible for your child.

If it is determined that your mental illness poses a risk to your child, that still does not mean you will be kept away. The court might order supervised visitation, where you will still have quality time together but in the presence of someone else approved by the court. This can be a temporary arrangement and turn into unsupervised visitation if you can demonstrate that you have taken steps to manage your condition and that the child was kept healthy and safe during your time together.

Schedule a Free Consultation with a DuPage County, IL Child Custody Lawyer

If you are concerned you might lose time with your child due to mental health issues, speak with a knowledgeable Wheaton, IL family law attorney to understand your options. At Goostree Law Group, we believe all parents should have the right to spend time with their children regardless of any health issues they may be suffering from, and we are dedicated to helping families reach their best possible outcome. Call us at 630-364-4046 to schedule a free consultation.