1. Home
  2.  » 
  3. Divorce
  4.  » Will I lose my kids in the divorce if I have a mental health challenge?

Will I lose my kids in the divorce if I have a mental health challenge?

On Behalf of | Jan 23, 2024 | Divorce, Family Law

Parents going through a divorce may wonder if their mental illness can affect the court’s decision on child custody, which is a valid concern because the courts ensure the safety of the children during the divorce process.

For every 5 adults in the United States, one lives with a mental illness. One in five. This shows how prevalent mental illness is today. In contrast to the past, discussing or having a mental illness is no longer considered taboo.

Science has evolved, and courts have too, and judges understand how prevalent mental illness is. However, with child custody, whether mental health challenges of a parent can affect a court’s decision depends on the specific case.

“Best interests of the child” standard

In Virginia, the overarching principle guiding decisions in child custody cases is the “best interests of the child.” Courts consider several factors and mental health is one of them.

The focus is on creating a custody arrangement that promotes the child’s well-being and ensures a stable and nurturing environment.

When there is a mental health concern, the court may order a parental fitness evaluation, which is an examination by a mental health specialist.

Parental fitness evaluation

This evaluation aims to evaluate each parent’s ability to provide a safe and supportive environment for the child. The specialist’s recommendation has significant weight, and the courts rely heavily on their expertise.

Evidence of treatment

If you or the other parent are experiencing mental health challenges, it is important to provide clear and honest evidence to the court.

This may include medical records, therapy reports, or assessments from mental health professionals. Transparency is key in helping the court understand the nature and impact of the mental illness.

Seeking and following through with mental health treatment can positively affect custody decisions. Courts can consider a parent’s commitment to addressing their mental health matters, and they usually see that as a good sign.

Relationship with the children

Courts also consider the relationship between the parents and their children. If a parent’s mental health challenges do not pose a risk to the child’s well-being, the court may prioritize maintaining a strong and positive parent-child relationship.

In Virginia, the court considers the impact of mental illness on child custody and divorce within the framework of the best interests of the child. By understanding the legal nuances, being transparent, seeking treatment if necessary, and enlisting legal support, individuals can navigate these complex issues and work towards arrangements that prioritize the well-being of their children.