How Do Mental Health Concerns Impact Child Custody Decisions – Michigan Lawyers
What bearing do mental disorders have on custody decisions? Where the child will thrive in a custody dispute is decided by the court. The court ultimately decides the custody of the child. One parent must prevail over the other in this situation. Child custody is affected by mental health difficulties. Even if it’s not your fault, it might still be taken into account when deciding who gets custody. How do mental health concerns impact child custody decisions?
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You cannot choose to stop the condition, unlike with drug addiction. Both inherited and experiential factors might contribute to mental health difficulties. Even dealing with reasons or origins is not necessary for the court to address. The court just needs to acknowledge that mental health difficulties exist. It will be necessary to address those mental health difficulties. Court proceedings on child custody may be postponed until then. The other parent may receive temporary custody as a result.
What is mental health and mental illness?
Our mental health. Our emotional, psychological, and social well-being. All parts of our mental health. It influences our feelings, thoughts, and actions. It affects our decision-making, interpersonal interactions, and stress management. It accompanies us from early childhood through adolescence and adulthood. Your mental health conditions may affect how you think. They are mild to severe in severity. It can have an impact on your mood, and behavior throughout your life. Mental disorders can affect your thoughts, feelings, and/or behavior. Nearly one in five persons suffer from a mental disease. This is the data gathered by the National Institute of Mental Health.
Many elements affect mental health, such as:
[ a ] Biological factors, including DNA or the chemistry of the brain.
[ b ] Experiences with trauma or abuse in life.
[ c ] A history of mental illness in the family.
Examples of mental health disorders are:
[ 1] Attention-deficit hyperactivity disorder or ADHD
[ 2 ] Bipolar disorder
[ 3 ] Borderline Personality Disorder (BPD).
[ 4 ] Antisocial personality disorder
[ 5 ] Anxiety disorders (Includes panic disorders, phobias, and generalized anxiety. It also includes obsessive-compulsive disorder (OCD), and social anxiety)
[ 6 ] Eating disorders (including Bulimia Nervosa, binge eating
[ 7 ] Disorder, and Anorexia Nervosa.)
[ 8 ] Post-traumatic Stress Disorder (PTSD)
[ 9 ] Depression
[ 10 ] Schizophrenia
[ 11 ] Seasonal affective disorder (SAD)
[ 12 ] Self-harm
[ 13 ] Suicide and suicidal behavior
Serious Mental Illness or SMI. A mental illness that significantly impairs a person’s life. SMI interferes with your capacity to function normally. Contrary to popular misconceptions, having an SMI is not a decision. It is not a weakness or a deficiency in one’s personality. It can’t be “snapped out of” with willpower or something that merely “passes” by doing so.
An early indicator of mental health problems can be one or more of these feelings or behaviors:
[ a ] Consuming alcohol, tobacco, or drugs more frequently than normal.
[ b ] Experiencing exceptional levels of confusion, forgetfulness, agitation, rage, sadness, anxiety, or fear.
[ c ] Arguing or shouting at loved ones or friends.
[ d ] Enduring extreme mood swings that complicate relationships.
[ e ] Overeating or undereating.
[ f ] Pulling back from people and routine activities.
[ g ] Lacking or having no energy.
[ h ] Feeling numb or as if nothing is important.
[ i ] Experiencing undiagnosed aches and pains.
[ j ] Sense of helplessness or despair.
[ k ] Persistent ideas and memories that you can’t shake off.
[ l ] Hearing voices or accepting false information.
[ m ] Visualizing or fantasizing about suicide, inflicting injury, or killing others.
[ n ] A lack of ability to carry out regular chores like caring for your children or traveling to work or school.
The national average of people reporting feeling symptoms of anxiety and/or depressive disorder in May 2022 was 28.2%. Michigan individuals part of this 28.2% stated needing counseling or therapy. In Michigan, 11.7% of children aged 3 to 17 had mental health treatment in the year 2021. This is in comparison to 11.2% of children nationwide. A lot of children needing mental health care do not receive it nationally.
What can you do if a mental health issue exists?
Mental health diagnosis cannot jeopardize a parent’s right to custody of their children. A parent’s mental health condition shouldn’t be used against them. The court can consider the mental health condition in the context of action taken to manage it. It can look at it as a well-controlled condition for a long enough period. A condition addressed through treatment, medications, and adhering to doctors’ recommendations.
The parent alleging the co-parent’s mental health is an issue must establish the existence of the ailment. The parent must establish how it impairs the capacity to function as a parent. Medical and mental health records are confidential. It cannot be disclosed without the patient-parent’s consent. This might prove challenging. The Court has the option to assume the parent’s records would be adverse to their case. They can refuse to provide them.
The healthy parent may file a motion for modification. It is a temporary modification to adjust custody and parenting time. They must provide evidence of the other parent’s health. Explain why the court’s intervention is necessary. Think about the effects this might have on the unhealthy parent. The necessity for that person to become better for the benefit of the children. Parents should seek the impartial guidance of a mental health professional. This professional can help you navigate these incredibly difficult, ever-changing legal waters.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.