Mental illnesses are already a drain on your overall health, but if you’re also a parent, a custody battle on top of that can be overwhelming. Luckily, there are ways you can protect your rights and prove your ability to parent. Learn more at https://missionconnectionhealthcare.com/mental-health/legal-rights/mental-health-and-custody/
If you’ve been struggling with a mental disorder, your ability to parent may have been called into question on more than one occasion. That’s already bad enough, but when your spouse turns it into a custody battle, it may be hard to cope. But if you’ve been doing everything in your power to be a good caregiver to your child, your therapists, as well as a good family law attorney, can vouch for you. And of course, there are many things you can do to protect your own rights.
Many parents avoid getting help because of the stigma surrounding mental illnesses and the fear of losing custody over their child. Unfortunately, there is precedence for this: parents with mental disorders are more likely to lose custody of their children than parents who are not mentally ill; statistics indicate that only a third of children born to a parent with a serious mental condition are still being raised by that parent.
According to Mental Health America, this heightened risk is due to the impact mental health conditions may have on an individual’s ability to parent, their financial standing, and their home environment.
While the presence of a mental illness cannot be used to determine parental unfitness, experts like Mission Connection say that conditions like depression and anxiety can affect your ability to respond to your child’s emotional needs. This can lead to a phenomenon known as “inconsistent parenting,” which can impact the child’s emotional security and their ability to develop relationships with others.
That’s not to say that you’re a bad parent because of your mental illness - not in the slightest. It’s important to remember that you can’t help what your condition does to you.
In fact, because mental disorders are classified as disabilities, parents with a mental illness are protected under the Americans With Disabilities Act (ADA). This act states that neither child welfare agencies, schools, nor the court can take action against you because of your mental health diagnosis. Instead, these institutions must evaluate your behavior, which includes your ability to meet your child’s needs and your willingness to seek treatment for your condition.
There’s also the Federal Adoption and Safe Families Act (ASFA), which requires state agencies to make “reasonable efforts” to prevent unnecessary foster care placements. This act must also ensure you have adequate access to support services that will help you maintain custody of your children.
In spite of your best efforts, a legal dispute between you and your spouse may still happen, and you may find yourself embroiled in a custody battle. But don’t worry; you can still protect your rights by keeping a detailed record of therapy sessions, mental health assessments, medications, and participation in activities with your child.
When in doubt, a family law attorney will be able to advocate for you. Written testimonies from licensed mental health professionals will also help you confirm your ability to parent and strengthen your case. And of course, if you feel like you need more help managing your condition, look for licensed mental health providers like Mission Connection. They can provide you with the kind of professional care you need.
Visit the link in the description to find out more. Mission Connection City: San Juan Capistrano Address: 30310 Rancho Viejo Rd. Website: https://missionconnectionhealthcare.com/