In today’s society, an overwhelming majority of people suffer from mental health conditions. Unfortunately, mental health disorders impact every facet of a person’s life, as well as those around them. That said, it can often negatively influence a parent’s ability to care for their children. In New York, the court’s primary concern when awarding custody is the child’s best interests are met. Therefore, they will take a parent’s mental health condition into account when deciding who gets custody. This makes many parents worry that their mental health condition will automatically preclude them from gaining custody. However, that’s not always the case. Please continue reading to learn how a compassionate Suffolk County Child Custody Attorney can help you protect your parenting time.
Does the Court Consider a Parent’s Mental Health When Deciding Custody?
In New York, the court is required to determine whether both parents are capable of caring for their children. As mentioned above, the paramount consideration in child custody cases is the child’s best interests. The best interest of a child standard is intended to protect a child’s mental, emotional, and physical well-being and ensure both parent’s fitness. It’s crucial to understand that the court doesn’t just look at one specific factor. The following are some factors considered by courts when determining the best interests of the child:
- The age of the child
- Any special needs a child may have
- The mental and physical health of the parents
- The parent-child relationship
- Each parent’s standard of living
- Each parent’s earning capacity
- The child’s preference (if they’re mature enough to make a decision based on sound reasoning)
- Any history of abuse, neglect, or abandonment
They will look at all relevant factors, including the mental health of each parent. The court acknowledges the fact that a parent’s mental health can significantly influence their capacity to meet their child’s needs. Untreated mental illness, personality disorders, or emotional instability can result in the court deeming a parent unequipped, leading to lost custody privileges.
Can a Mental Health Condition Preclude a Parent From Gaining Custody?
While having a mental health condition won’t automatically preclude a parent from being awarded custody. Courts will conduct a thorough evaluation of:
- The severity of the mental health condition
- Whether or not the parent is receiving treatment
- How the mental health condition affects their overall parenting abilities.
Depending on the specific mental health condition a parent suffers from, the court may determine the parent doesn’t possess the capability to meet their child’s needs. If the court determines the parent’s mental health condition poses a safety risk, the court may need to limit or supervise the parent’s time with the child. Nevertheless, if the court determines a parent is fit and it would be in the child’s best interest to have an ongoing relationship with them, they can award them custody.
If you’re facing a custody battle, please don’t hesitate to contact a trusted attorney from The Law Offices of Susan A. Kassel, P.C., who can help safeguard your child’s best interests.
