Will Having a Mental Health Diagnosis Affect My Child Custody Arrangement?
If you’re in a particularly contentious custody battle, it’s possible that the other party could raise the matter of your mental health against you during the proceedings. As a society, we have made great strides in addressing the stigma of mental health. This has resulted in more people getting the help they need, fewer people attempting to hide their illness while going untreated. If you have a mental health diagnosis, you may be concerned that the other party will use this against you during custody hearings. In this article, the Rockland County divorce lawyers at the Law Offices of Robert S. Sunshine will discuss how the courts view mental health issues when making custody decisions.
Will the court hold it against me that I have a mental health diagnosis?
No, the State of New York will likely not hold the mere fact that you have a mental health diagnosis against you during a custody hearing. New York State is among the nation’s legal leaders when it comes to not penalizing a parent for having a mental health issue if they are seeking treatment. Seeking treatment is actually the best option for parents who are having any type of mental health concern. Showing awareness that there could be an issue that affects the care of your child will likely demonstrate that you are a responsible parent to the court. In many cases, the court and family law attorney are forced to confront parents who are unaware that they have unaddressed mental health issues. Those seeking treatment are a step ahead. The court will want to ensure that a parent is dedicated to taking their mental health treatment seriously. Parents should not be afraid to seek help when it’s in their best interests and the best interests of their children.
Will the other party attempt to use my mental health treatment against me?
In a lot of cases, they will, which is why an experienced divorce lawyer is important to fighting for your rights. While courts should dismiss claims that a person’s mental health diagnosis poses a risk to the child automatically, not every court will do so. An experienced family law attorney will petition the court to force the opposing party to provide clear and convincing evidence that the mental health issues are preventing one parent from providing adequate care to the child. The standard of proof is high, however, and a parent who is receiving proper treatment under a mental health professional should have no problem defeating a claim like that with an experienced divorce lawyer acting as their advocate.
Talk to a Rockland County, New York Divorce Lawyer Today
The Law Office of Robert S. Sunshine represents the interests of Rockland County residents who are pursuing a divorce. Call our Rockland County family lawyers today to schedule an appointment, and we can begin representing your interests right away.
