In recognition of the prevalence of mental and behavioral health issues, May is Mental Health Awareness Month in the United States. This awareness project began in 1949; but over the course of the past year, mental health concerns have become more prevalent in our world. Approximately 19% of people have some form of mental illness including anxiety, depression, bi-polar disorder, or other variant, and these numbers are continuing to dramatically increase with the on-going Covid-19 pandemic. Even prior to this pandemic, the 2017-2018 statistics show an increase of 1.5 million people with mental illness compared to the year prior.*
If you are facing a family law matter while also enduring a mental health issue, you may have many questions on how mental health is treated by the law. Many clients who suffer from mental illness are often uneasy about how their illness will affect their child custody case in particular. They fear their spouse will use it against them in a child custody dispute or may be dismissed if a dependent spouse is seeking financial spousal support. I often have long discussions with these clients about their concerns and how Courts customarily view mental illness. Having a mental illness, ordinarily, will not automatically be used against you when seeking financial support or time with your child. Just because you suffer from depression, anxiety, or some other mental illness does not mean you cannot be a wonderful and involved parent in your child’s life.
If you experience any mental illness, it is always best to seek medical advice, undergo regular treatment as advised, and take any prescribed medication as directed. Following a mental health or doctor’s recommendations helps show the Court that you are actively trying to take care of yourself and you are capable of tending to your children. I have personally witnessed individuals who suffer from schizophrenia, depression, and anxiety receive notable amounts of time with their children. The primary reasons these individuals receive such parenting time is because they were actively seeking medical treatment, following professional recommendations, and taking medication as prescribed.
Overall, the Court wants you to be involved in your child’s life and wants mental health concerns not to be used as a litigation weapon. Research has shown that having both parents in a child’s life is typically favorable for the child and the child’s short-term and long-term development and health. However, if you have specific concerns, collaborate with your attorney on how to adequately address your unique circumstance and legal matter. By working together, your attorney can help remedy your concerns and angst.
If you are undergoing a family law matter that involves mental health concerns, our Modern Legal team is here to help.
Written by: Theresa E. Viera
* https://www.mhanational.org/issues/state-mental-health-america
