If you are a parent facing a divorce with children, you may have many concerns about what the outcome of your case will be, especially child custody.
While this depends on many factors, including the quality of the relationship that you currently have with your soon-to-be ex, it is important to be prepared for any scenario that could come up.
For every five Americans, one lives with a mental health condition. The statistics are notable, and the courts know this. While this topic used to be taboo, it is much more common than you think, and it is not an automatic disqualification from having custody rights.
However, as common as it may be, California courts prioritize the best interests of the child, and having a parent with a mental health condition can be a factor that the court considers when deciding about child custody.
The best interests of the child
Many of our clients ask us what this standard means, because once you file for divorce, it is a term you will hear often.
This standard is based on a variety of factors that aim to ensure that children live in a stable and loving environment and that their parents are able and willing to meet their needs.
The courts consider the child’s age, the relationship between the parents and the child, who the parent spent most time with prior to the divorce, the child’s health and safety and the ability of the parents to care for the child.
As it relates to mental health, what the court wants to know is that the parent’s condition will not negatively affect the child. The court may want to know more about the parent who lives with the mental health condition, for example:
- Whether the parent is undergoing treatment
- The seriousness of the mental illness
- How committed the parent is to staying healthy
- Whether the parent follows their doctor’s advice
In addition, the court may ask for a mental health evaluation. Do not be afraid—this does not mean that the court will punish you for your mental health condition.
It simply means that the court wants to assess how your mental health might influence your parenting and day-to-day living.
This professional evaluation requires that you speak with an evaluator, and they may also want to speak with your child to get a complete picture. If you have a therapist, this evaluator might ask to speak with them, too.
If the court has concerns, they may set up an arrangement that supports your well-being but does not harm your child. This could look like shared custody, supervised visits, or other conditions.
It is important to be open and honest with the court. The more candid you are and the more committed you are to getting better, the greater the possibility of a positive outcome in your case.
Remember that the court’s role is to protect the child. By being a good, committed parent and having evidence to support that, you can show the court that you can handle the difficulties that come with parenting and can meet your child’s unique needs.
In addition, having knowledgeable and compassionate counsel that understands and will advocate for you is just as critical as being a good parent, because you want to be certain that the court knows who you are and that they can see that whatever challenges you have, you can overcome without negatively impacting your child.