Does Mental Illness Mean Losing Your Kids in a Divorce? 

 Posted on August 15,2024 in Divorce

Although divorce rarely happens under optimal circumstances, certain issues can make the divorce process considerably more difficult. Mental illness, which affects one in six U.S. adults, is one factor that can make divorce harder for everyone – not least the person struggling with the mental illness. 

Parents with mental illness who have minor children may feel more threatened by divorce. Not only can the stress of divorce exacerbate mental health disorders, but the prospect of having a mental illness scrutinized in front of a court as parents make decisions about child custody can be very intimidating. 

If you are considering getting divorced, or if your spouse has already filed for divorce, and you know your or your spouse’s mental illness is likely to be a significant factor in the outcome of your divorce, contact The Law Offices of Curtis Bennett Ross, L.L.C. today. We work with divorcing spouses from all walks of life and handle every case with the sensitivity and individuality it deserves. 

Mental Illness and Child Custody

A discussion about the impact of mental illness on parental responsibilities and parenting time should always be prefaced by saying a couple of important things:

• First, the court understands that mental illness is common and having a mental illness does not automatically make a parent unfit to care for children

• Second, different mental illnesses impact people differently, and some mental illnesses require a more serious response than others

This is good news both for parents who fear the impact mental illness may have on child custody, and for children, who need good relationships with both parents, especially following divorce. 

That being said, courts are very concerned about a child’s best interests in any divorce or child custody case. Courts will look at a parent’s mental illness and behaviors and ask the following questions: 

• Is the parent getting help, or, if not, is the parent willing to get help? 

• Does the mental illness cause behavior that is harmful to children? 

• Is the parent’s behavior or mental illness likely to get worse? 

• Is the mental illness treatable? Do patients with the illness have a history of improvement?

• Are the children mature enough to understand what is going on and respond appropriately? 

• Does the parent have a history of negatively impacting the children with behaviors due to the mental illness? 

Will a Court Take Away Parental Rights Because of Mental Illness? 

Courts only terminate parental rights in the most serious cases of abuse, neglect, and abandonment. Mental illness rarely results in the kind of behavior that sees courts terminate parental rights. Unless a court believes a parent presents a serious, ongoing threat to the well-being of a child, it will not terminate parental rights because of a mental illness. 

Schedule a Free Limited Consultation With Our Rolling Meadows, IL Divorce Lawyer

At The Law Offices of Curtis Bennett Ross, L.L.C., our Cook County, IL divorce lawyer has decades of experience working with divorcing spouses. We know the challenges that divorce can bring, including for people managing mental health issues, and we approach every case with care and compassion. Call us today at 312-984-1514 to schedule a free, limited consultation.