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Mental Illness of a Parent in Child Custody

When a parent suffers from any kind of disability, either mental or physical, it can affect the child custody case. A court will not reject a parent’s ability to care for the child or gain custody of the child based on the disability, but will consider a number of other factors that are related to the child’s best interests.

For instance, a court may be much more interested in understanding how the person’s disability will affect her ability to care for the child, and provide him a good, healthy and nurturing environment. If the mental illness is minor, or if the court decides that the disorder does not really have the ability to impact the child’s development, the court may have no problem awarding custody to mentally-disabled parent. However, it’s important to speak with a Colorado family lawyer when you or your wife suffers from a mental illness.

If your wife suffers from any mental illness, it is important not to hide this fact from your Colorado family lawyer. It’s also important that she be diagnosed for her mental illness, and that a psychiatrist help with understanding exactly what kind of symptoms she suffers from. If your spouse suffers from a mental illness, and you are concerned that the symptoms are serious enough to affect your child’s development, get a complete diagnosis of the mental illness. Your attorney will be able to subpoena the doctor to obtain information about the diagnosis and treatment of the illness. All this may be more expensive, but could be essential to your child’s long-term health.

If the mental disability involves hallucinations, delusions, violent rages, and chronic depression, a court may decide that these symptoms are far too serious for a child to handle, and that they may affect the psychological and mental health of the child. In such cases, it’s likely that you will gain custody and that your spouse will be denied custody.

If you suffer from a mental illness, it is very likely that your spouse will use mental illness as a tool against you in a child custody battle. Even if you have not confided your symptoms of to your spouse, it is likely that she has seen you take your medications, and those facts may come out in court. Speak to a Colorado family lawyer about your legal options for getting custody of your child.