Can You Lose Custody If You Have A Mental Illness?

One of the most difficult circumstances that people can encounter in family law matters is mental illness and how it affects a person’s life and family. If kept hidden, it can have devastating effects on relationships and custody matters. Depression, bipolar disorder, anxiety, and addiction are some of the conditions that are classified by the courts as mental illness.

When determining custody, the court takes into consideration many factors before issuing a custody order. In Maryland, the court will determine custody by deciding on what is in the best interest of the minor child. That being said, having a mental illness does not mean that you are unfit to have custody of your child. The court will consider factors like one’s psychological diagnosis, treatment plans, willingness to seek help, whether there are frequent hospitalizations, and whether there are violent outbursts in making their decision. The court will evaluate, among other things, whether there is a history of safety concerns to the child at anytime. Depending on the case, expert witnesses may need to provide documents and testimony to the court. Ultimately, the court wants to keep both parents in their children’s lives and will weigh how a parent’s mental illness affects the child’s best interests.

Mental health concerns and the impact on child custody matters are complex when you are going through a custody battle. If you have any questions or concerns about how mental health can impact your divorce or custody matter, please call us at (443) 741-2567 and we would be happy to meet with you to answer all of your questions.