Can My Mental Illness Impact My Parenting Time Agreement?

 Posted on May 11, 2016 in Child Custody

Maybe. When the court determines the appropriate parenting time agreement for a divorcing couple's children, it does so with the intention of creating an agreement that has the children's best interest in mind. This means that the court tries its best to create the parenting time agreement that gives the children the best opportunity to thrive physically, academically, mentally, and emotionally. The best parenting time agreement for a child also often tries to give the child a substantial amount of time with each parent so the child can maintain relationships with each of them as well as their extended families.

If you suffer from a mental disorder like depression or bipolar disorder, it can affect your ability to effectively parent your child. If it does, it may be considered when determining the right parenting time agreement for your child. Suffering from a mental health problem will not prevent you from having time with your child, but it can be a factor in the determination process if the court feels it could negatively impact your relationship with your child or your child's ability to succeed in your home.

Are You Receiving Care for Your Illness?

This is an important piece of evidence for the court to consider when determining how your mental health disorder can affect your parenting ability. If you are proactive about seeking counseling, medication, or therapy to treat your mental illness, you can show that you have the drive to fix issues in your life as they arise. Patterns of stopping treatment, going off your medication, and allowing your mental illness to cause you to lose jobs, housing, and hurt interpersonal relationships can reflect poorly on you.

If your former partner claims that your mental health issue impacts your ability to parent, the burden of proof is on him or her. This means that your former partner has to prove to the court that your children are suffering because of your mental health problem. However, your former partner is not the only party who provides testimony in your divorce case. If you underwent a psychological evaluation as part of the parenting time determination process, the evaluator's notes can either support or undermine your former partner's claim.

Work with a Kane County Family Attorney

If your former partner is attempting to use your mental health issue as a reason why the court should grant him or her the majority of parenting time, you need to work with an experienced family attorney who can help you prove that you are a capable parent who is getting help for his or her disorder. Be honest with your attorney and the court about the limitations that your health problem creates for you and how you are handling it with your mental healthcare provider. To get started with one of the experienced Kane County family attorneys at the Goostree Law Group, contact our firm to schedule your free legal consultation today.

Sources:

http://www.webmd.com/depression/guide/bipolar-disorder-manic-depression

http://www.healthyplace.com/parenting/parents-with-mental-illness/parents-with-mental-illness-and-child-custody-issues/