I have a mental illness. How will it affect my custody case?

Much like living with a mental illness, divorce and custody cases can feel like an uphill battle.

It’s no secret that divorce and custody cases are often difficult and emotionally draining. The process can bring out the worst in people, and your ex may try to grasp at whatever they can to bolster their case against you. Whether it’s seeking more parenting time, custody, or otherwise, they may try to use anything they can against you, even aspects of your personal life that aren’t relevant.

Many of our clients ask: “How will my mental illness impact my divorce or custody case?” It’s a valid question, especially considering the high emotional stakes. We often hear our clients talk about the fear of being judged, misunderstood, or painted in a negative light. It can feel even more overwhelming if you’re already dealing with the challenges of mental illness. The truth is, having a mental illness doesn’t mean you’re automatically going to lose custody. The most important considerations are the steps you take to ensure that your mental health does not interfere with your ability to care for your children or co-parent.

The Reality

Even though it is not often spoken about, it’s common to live with a mental illness. As of 2022, more than one in five adults in the U.S. experiences some form of mental illness. Many legal professionals recognize that mental health struggles are common, and their focus should be on whether you are managing your condition rather than the fact that you have one in the first place.

When it comes to custody, mental health issues are relevant when they create difficulties for a parent to take care of their children. If your mental health is well-managed and you’re taking the necessary steps to ensure that it doesn’t interfere with your ability to parent, it’s unlikely that your condition will have a significant impact on the outcome of your case.

How Your Mental Health Can Affect Your Divorce or Custody Case

If you’re worried about how your mental health can affect your case, the most important thing is to manage and treat your condition(s) consistently. Here are questions to consider:

• Am I receiving treatment? Demonstrating that you are taking steps to manage your mental health and consistently complying with medical advice from treatment providers can show the court that you are in control of your condition and that it’s unlikely to negatively affect your children.
  

• Has my mental illness affected my ability to parent? If your mental health struggles have caused you to be absent from your children or created instability, it could become a concern in your custody case. It is important to be fully transparent with your attorney about the history so your attorney can properly advise you and be prepared.
  

• Am I stable and consistent? No one is perfect, but stability is one of the most important considerations in custody cases. For that reason, anyone with a mental health condition must be intentional in management of that condition.
  

The Bottom Line

While it’s true that mental health can be a factor in divorce and custody cases, it doesn’t ensure any particular outcome. What matters most is how you handle your mental illness and what steps you take to ensure that your ability to parent isn’t compromised. Receiving the necessary treatment demonstrates your commitment to your children’s well-being. If you need mental health treatment, the Ohio Psychological Association has compiled many resources available to central Ohioans.

Divorce and custody cases can be challenging, especially without an attorney to guide you through your complex legal issues. At Wood & Long, our attorneys are attuned to the unique needs of you and your family. Give our office a call today at (614) 567-3031 to request a consultation.

If you or someone you know is in crisis or experiencing suicidal thoughts, contact the Suicide Prevention Hotline by calling or texting 988.