Bipolar disorder is a serious disorder that can cause significant problems in school, the family, and the community. Randolph Morgan III: Child Custody – What Information Will a Judge Consider? By separating fears from reality, you can better understand how to maintain or regain custody of your child (or children), and what role your mental health treatment program should play as you seek to keep your family together. The nature of each is vastly different, and the same goes for how a particular mental illness impacts child custody. For example, if she is taking medication for bipolar disorder and regularly goes to therapy sessions. However, bipolar disorder – characterized by severe mood swings from depression to elation and mania – is often successfully treated with therapy and medications. This was exactly the issue in the 2012 case M.M. Many parents going through a custody battle suffer from conditions such as clinical depression, bipolar disorder, obsessive compulsive disorder or a personality disorder. However, even in custody cases where the safety and best interests of children are paramount, these records are protected under Pennsylvania law. These can minimize their extreme episodes. Mental illness and child custody cases are a fairly common part of the divorce process for many couples. Not only can mental illness impact the outcome of your case, but court cases involving mental illness can also be more expensive.. Parental mental health is very important to the overall well-being of the children. Bipolar disorder is protected by federal law. The mental illness must be shown to have a negative impact or potential negative impact on your children. Many parents with a mental illness, facing child custody disputes, deal with difficult challenges. For example, if a parent is managing their bipolar symptoms in therapy and has no history of abusive behavior, then a judge is unlikely to deny them custody. She is the author of several novels including the bestselling "Comes the Rain" and "With Every Breath." A custody evaluation is usually performed by a licensed psychologist who will investigate your family, including your history with bipolar disorder, and give an expert opinion as to how likely it is to affect your children if you're given primary physical custody. The physical and mental health of each parent matters as well, but not to the exclusion of other equally-important factors. Courts normally have the authority to order that either physical and/or legal custody be shared or given to the father or mother of your child. A mother experiencing a depressive phase may not be able to keep her job, fix meals, or otherwise care for her child. Some state laws cite mental illness as a condition that can lead to loss of custody or parental rights. Some state laws cite mental illness as a condition that can lead to loss of custody or parental rights. If the court must decide custody issues because you and your spouse can't reach a marital settlement agreement, the judge will consider multiple factors, not just your mental illness, to determine an arrangement that serves your child's best interests. When determining custody agreements, the court considers two types of custody: physical and legal. If a mother’s mental illness or bipolar disorder is so extreme that she can’t manage her own personal affairs, and/or she needs a guardian or a form of in-patient hospitalization, this may carry a lot of weight against her when it comes to a legal custody battle. Likewise, if the mother’s moods are generally stable and she has not displayed any behaviors that would place her children at risk, the court might have no compelling reason to deny the mother custody on … Understanding mental health issues as they apply to divorce and child custody. If mental illness threatens your child’s wellbeing or standard of care, this could be grounds for modifying a standard custody agreement. All states use the ‘best interests of the child’ standard in determining custody arrangements and parents who abuse substances generally can’t provide a home that is in the child’s best interests. But most courts tend to err on the side of caution and normally rule against the parent suffering from a mental illness. bphopekids, children, manic episode, teens. If you have a pattern of going off your medication, however, this could hurt you in the eyes of the court. Bipolar disorder has recently become as common as the 'cold' and will not sway a judges opinion. It is possible that the court will make an exception and give the mother of your children legal custody if she can prove her mental illness can be – and is – managed. Courts see mental health issues as a severe handicap in parenting, and most often decide against the afflicted parent, even in cases where the mental health issue is found by a court-appointed forensic psychologist to have no bearing on the child or children in question. The mother’s proposed parenting plan called for the father to have no visitation with the child. v. L.M. Your employer cannot discriminate against you because you are bipolar. In M.M., the father of the minor child was diagnosed with bipolar personality disorder. Beverly Bird has been writing professionally since 1983. “If she can prove that he has mental issues, she can make an … Any of the above may make it difficult for a mom to obtain custody of her child during a divorce. Legal custody gives a parent the right to make any major decisions regarding their child such as what school they will go to, their religion, medical decisions, etc. Many women who are bipolar are generally very successful when it comes to parenting their child and receiving custody during divorce. The courts generally take any mental disorders extremely seriously when it comes to child custody cases. The needs of children with bipolar parents. ©2021 Janet McCullar: Child Custody and Parental Alienation Lawyer. Mental illness such as bipolar can factor into the court’s decision, depending on your specific circumstances. Divorce courts and judges recognize this, so they prefer to grant custody to a parent who does not show signs of a personality disorder. Prior to the marriage, the mother had been diagnosed with bipolar disorder. Accordingly, a man or woman who cites mental and emotional problems in a divorce petition should work closely with a child custody attorney who knows how family law treats personality disorders. Bipolar disorder is a lifelong illness that causes extreme shifts in mood, with recurring episodes of mania and depression. On the other hand, bipolar disorder, especially when untreated or when accompanied by drug and/or alcohol abuse, can limit a person’s ability to be a healthy parent for their child. “He recognized that his family had a history of alcohol abuse. At October 02, 2017. In a depressive state, a mom might feel exhausted, insomnia, and sadness. Mental illness is a factor in determining child custody, but its impact on your child could be offset by other factors such as the relationship you and your wife have with your child, what the preference of the child is, and the closeness of each of you to your child’s school and other activities. Mental illness doesn’t automatically disqualify a parent from getting custody.It will, however, likely influe… Thus, your illness is not likely to have any effect on your child and should therefore not be a consideration of the court. Your risk further increases if the family member with the condition is a close relative. The chances of developing bipolar disorder are increased if a child’s parents or siblings have the disorder. If you are concerned that the mother of your children will make unhealthy or dangerous decisions for your children due to her bipolar disorder, this will be something to consider with your lawyer and the court. 8 Signs Your Child Might Have Bipolar Disorder. Mental Illness, Law Offices of Molly B. Kenny: Child Custody and Mental Illness in Washington State, University of California at Davis School of Law: Judicial Determination of Child Custody When a Parent is Mentally Ill (PDF), Michigan Legislative Website: Child Custody Act of 1970 (Excerpt). She covers many legal topics in her articles. In order to win custody, a father must prove in a divorce trial that the mother of the child has bipolar disorder, and also experiences mood swings that may put the child in emotional and/or physical danger. Divorce courts and judges recognize this, so they prefer to grant custody to a parent who does not show signs of a personality disorder. If the court in your state gives custody to the mentally-ill mother of your child and you learn that your child is at risk, it may be possible to have the court modify the custody order at your request. Depending on the laws of your state, physical custody refers to which parent the child lives with and includes minor day-to-day decision-making for the child. code:bphopekids. As mentioned above, legal custody refers to which parent will make important decisions for your child. Bipolar disorder is protected by federal law. A custody evaluation is usually performed by a licensed psychologist who will investigate your family, including your history with bipolar disorder, and give an expert opinion as to how likely it is to affect your children if you're given primary physical custody. If your wife’s bipolar disorder has proven to present a threat to your child’s safety or well-being, then it will likely be considered when determining custody. All Rights Reserved. The mother and father in this Hamilton County, Tennessee case were married in 2013 and had a daughter who was born in 2015. For example, if a bipolar woman is going through a manic phase, she might become impulsive and not think things through. The effects of bipolar disorder on children who have a parent with the condition isn't something which is extensively covered, with most articles understandably about managing the condition or supporting someone with the condition. The court may also take into consideration the following: If the mother of your child is not willing to seek treatment and is not following her doctor’s treatment plan, or shows signs of being unstable, the judge could consider all those factors when deciding who should have custody of your child. In a custody dispute, the issue is not so much whether you're ill, but what effect your illness has on your child. Ms. Zeiderman has been lead trial counsel in matters of custody, modification of custody… Thus, parents with mental illness often avoid seeking mental health services for fear of losing custody of their children. Custody disputes involving mental illness often end up being decided on the specific details of each individual case. Just mentioning Unmedicated in denail bi polar disorder in a custody case usually means a win for the other side. In the case of bipolar disease, the impact is different depending on which parent has it. It will be up to you, as the father of your child, to prove that your child may be harmed if the court doesn’t act. Your employer cannot discriminate against you because you are bipolar. All child custody decisions are based on ‘best interests” of the children. Now, the Yeezy mogul’s mental health struggles could come into play during their split.. Family attorney Adam Michael Sacks told The Sun that Kanye’s “mental health might affect their divorce” when it comes to their little ones. Jade C. Nunnally v. Adam Nunnally. In a contested child custody dispute, if one of the parents suffers from mental illness, it is a factor to be considered in the court’s custody decision. Because of the nature of the beast, there’s no one-size-fits-all approach to how mental illness impacts child custody. This attorney can insist that his or her client be independently evaluated by a forensic psychologist. Untreated bipolar disorder can lead to hospitalization, drug abuse, accidents, or suicide. The mental illness must be shown to have a negative impact or potential negative impact on your children. However, not all family court judges are so open-minded when it comes to parents with bipolar disorder (or other mental health issues) who are seeking custody of their children in divorce. toebeans June 26, 2020 at 1:17 am . Often, the mother will have concerns because of unpredictable behavior, terrible judgment and, frequently, substance abuse. Many moms who suffer from bipolar disorder are able to manage their condition with medication and psychotherapy. Your spouse would have the burden of proof in a divorce trial to establish not only that you suffer from bipolar disorder, but that when you experience mood swings, it endangers your child either mentally, emotionally or physically. How long the mother has been in treatment, Whether the mother’s episodes have been minimized or eliminated, If the mother has displayed any behavior that could put your child at risk, The mother’s mental history, including suicide attempts or violent episodes, The mother’s medication history, such as if she has stopped taking medication in the past against the advice of her doctor. As a father committed to winning child custody, it’s important that you understand how bipolar functions within the law, what types of custody it involves, and how you can protect your children’s best interest when handling your custody case. ... May 2). This article addresses how a mother’s mental illness such as bipolar can be a factor when it comes to deciding the custody of your child. Although these factors can vary a little by state law, judges often consider the closeness of your relationship with the child, your child's wishes if he's old enough, and whether either parent intends to remain in the marital home. This woman assualts people when … For example, if the mother of your child has a history of extreme behavior due to manic episodes, or has many suicide attempts, this may be enough for a judge to award you sole custody of your child. It’s important to remember that child custody laws vary from state to state, and your family law attorney should be able to best advise you on the steps you need to take to win custody of your child if their mother suffers from bipolar disorder. A custody evaluation is generally done by a licensed psychologist who investigates your family and the mom’s history of being bipolar. Bipolar disorder is a type of mood disorder that normally displays two symptoms: depression and mania. Even if you do achieve sole physical custody, be aware that the mother of your children may still have contact with them through visitation. As the child of a parent with bipolar disorder, you’re at a higher risk for anxiety and depression, according to Manly. #7 Changes at School. Bipolar Disorder is unique among mental illnesses in that patients suffer from little reality distortion and the … Where the mother is the bipolar parent, she usually has primary physical custody and the father is trying to get the kids out of a …