Courts will determine the outcome of custody battles based on the best interests of the child. Custody outcomes include two different custody types: physical and legal custody. The parent with whom the child normally resides is the parent who has physical custody. The parent who makes legal decisions on behalf of the child has legal custody.
In deciding the best interests, can the court investigate a parents’ mental health? Can a mental illness affect a parent’s ability to have custody?
Is the mental illness treated?
When it comes to the mental health of a parent, according to the NYC Bar, treatment matters. If a parent has untreated mental illness or a personality disorder that results in emotional instability, it could affect his or her attempt at child custody. This only occurs if the mental illness affects the parents’ ability to care for his or her child.
Is the home environment stable?
Courts do investigate the conditions of the home. For parents who have treated and stabilized mental illness, the home should be stable. However, if the home is violent or unstable, the court may decide this is an unsafe and dangerous household for the child. In this instance, a child who has a parent with a mental illness may be more likely to end up with the parent who does not have any mental health issues.
The noncustodial parent does have visitation and access rights typically. However, it always depends on the circumstances and whether the parent can provide a safe environment for the child. More information on child custody is on our web page.
