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Can your mental health affect custody?

On Behalf of | Aug 2, 2022 | Child Custody

When seeking custody of your children, perhaps in a divorce or in a situation where you and the other parent were never married, you have to consider a lot of different factors. The court is certainly going to look at the situation and try to make the best decision for the child.

If you struggle with mental health ailments, as so many people do, you may wonder if it’s going to have any impact on your ability to get custody rights. Is it possible that your time being involved with your child hangs in the balance?

Health is a factor the court considers

First and foremost, mental health is certainly one of the factors that the court considers, along with physical health. They want to make sure that the parents are physically and mentally able to take care of the children. The court will attempt to put the children in the custody situation that provides them with the most amount of stability and safety, so this is very important.

However, to lose custody of your children, your condition would have to be such that the court believes you can’t care for them or that you are actively a danger to them. The vast majority of people who have different mental health conditions are still more than able to be terrific parents.

If you are worried about losing custody or if the situation gets complicated, take the time to look into your legal options. Health is just one thing that the court considers, along with religion, cultural considerations, access to school and much more.