Would a bipolar diagnosis affect the judges decision on a custody case? However the court is going to look at the totality of the circumstances regarding both parents to determine the “best interest of the children.” When determining custody, regardless of the factors involved, the courts put the best interests of the child ahead of all other concerns.This includes physical and emotional safety. It is reasonable to think that, if one parent is diagnosed with and treating for such a condition, their mental health records would have to be turned over in the custody case. She is delusional, a pathological liar, and has severe anxiety. Custody disputes involving mental illness often end up being decided on the specific details of each individual case. 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. The average age when bipolar disorder develops is about 25 years.Bipolar disorder can start at any age, though. Borderline personalities in divorce cases make for higher conflict cases, and when the cases involve the custody of children, many times there are elements of domestic violence, false allegations of domestic violence or sexual abuse, distortion campaigns, and parental alienation. A lot of what she says would be hearsay anyway and hard to prove in court. Thus, parents with mental illness often avoid seeking mental health services for fear of losing custody of their children. The stigma once ... family law. Mental illness not only affects the person suffering from it, but it affects those around them as well. However, some mothers who are bipolar may experience impairments, some that are severe. In the most extreme cases of "documented" domestic abuse in which the child(ren) were involved, the abuser parent may be denied custody … 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. Understand triggers, and learn strategies for managing intense emotions and irritability. Schizophrenia and Bipolar Disorder in Children and Adolescents Case Study. 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. Bipolar disorder can result in behavior that puts people in dangerous situations. Divorce when your spouse is suffering from bipolar disorder? Divorce and Separation. If the mother of your child is receiving treatment for bipolar disorder and is following the recommendations of her doctor, she could receive custody of her child. Mental illness and child custody cases are a fairly common part of the divorce process for many couples. In any custody battle where bipolar disorder or another mental illness comes into play, the fact that a mother has bipolar disorder is not usually enough for the court to deny her custody. A custody evaluation is generally done by a licensed psychologist who investigates your family and the mom’s history of being bipolar. The parties also had in their custody two foster children, K and G, twin boys aged 16, who had been in their custody since they were five years. This process does not involve interviewing the child. There were incidents before my daughter was born that really show she is unstable. In 4 out of 5 people with bipolar disorder, genetics plays a key factor. 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. Custody should not be confused with physical placement. If i… Some types of mental illness may cause the court to question the safety, health, and well-being of your child when they are in the care of their mother. Continue Reading No Comments » Comment Now! If the court grants custody to a mother with bipolar disorder and the father later discovers that the children are being placed at risk, it is possible for the court to modify the custody order at the father’s request. Obviously, your mental health (and the mental health of your child’s father) is a legitimate issue that the court will consider. People suffering from this type of disorder show traumatic states of extreme […] The diagnosis itself isn't enough; a court probably would not base a custody decision simply on your spouse's conjecture that something bad might happen someday. A personality disorder lies at the heart of the difficulties that lead many married couples to separate. Law for Families provides all the legal information that you and your family need. But with ongoing medical treatment, bipolar disorder may be managed. It may seem like you're under a microscope and your every flaw is exposed. A. I help children, teenagers, adults, couples, and families and have been involved in hundreds of legal cases related to divorce and child custody. We’re ready to help. The father’s proposed parenting plan called for him to be the primary residential parent, with the mother having only supervised visitation. 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. Bipolar disorder, previously known as manic depression, is a mental disorder characterized by periods of depression and periods of abnormally elevated mood that last from days to weeks each. She was referred to treatment from the local Department of Family Services for child neglect and domestic violence. I wish you luck, she sounds like she can't care for a child now but the law is on her side. She has always put up a fight with me about custody and limits my visitation as much as she can. My daughter lives with her mother who is diagnosed with bipolar disorder. I help children, teenagers, adults, couples, and families and have been involved in hundreds of legal cases related to divorce and child custody. 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