Mental Health and Competency in Family Law

Addressing mental health is becoming a common experience for individuals. The stigma surrounding mental health is lessening as more people become aware of how important mental health can be.

Many people now see mental health treatment as important as treating one’s physical health. As with any chronic illness, untreated mental illness could affect areas of one’s life, including when you’re involved with family court.

If you have mental health questions or concerns relating to a family law case, speak with an experienced family law attorney in your area.

Mental Health Concerns and Family Court

A person’s mental health can become a litigated topic in areas of family law, especially in child custody cases. Unaddressed mental health issues can affect the parent’s ability to care for their child and their child’s well-being. Mental illnesses can prevent one from taking care of oneself.

Parents who are dealing with health issues may not be able to take care of their own basic needs or meet their children’s basic needs. Someone not working with a mental health professional may not be able to make sound decisions in the child’s best interest. Any mental health illness can be cause for concern if you find yourself in court proceedings for a custody dispute. This includes depression, bipolar disorder, schizophrenia, or personality disorders.

If the court is concerned about your mental health, you may need to show that you are properly addressing any issues. Having a mental illness does not automatically mean you are not able to parent and have a healthy parent-child relationship.

Mental health can also be an issue for competency in court proceedings. They may not be competent to participate in court hearings. The court can appoint a guardian ad litem to assist in the court case. A court hearing can also be put on hold for a period to allow the person to receive appropriate treatment. After they regain competency, they can participate in legal proceedings.

Role of Mental Health Professionals in Family Court

There are many roles a mental health professional may have within the family law proceedings. In child custody cases, a healthcare professional can do the following:

• Assess the parent’s mental health status
• Diagnose or rule out a mental health illness
• Conduct a psychological evaluation of one or both parents
• Conduct a child custody evaluation
• Review medical records and provide feedback to the court
• Conduct substance abuse assessments

As part of some of these assessments, the mental health professional may interview the parents and children, observe parent and child interactions, and interview other family members.

In child custody cases, the family court is always concerned with the best interest of the child. Mental health professionals provide evaluations to help the court determine what is in the child’s best interest.

Mental Health and Parental Rights

If mental health is a concern, the parent’s ability to retain parental rights may come down to treatment. For instance, just because a parent has a diagnosis of depression doesn’t mean they will lose custody rights. If they are stable and can care for their child, there may be no issues or concerns with their ability to parent them.

Sometimes, mental health illnesses can be so severe that it could be that a person loses custody. If the parent cannot care for themselves or others, their parental rights may be terminated. This is not done lightly. There are generally multiple interventions before the court terminates parental rights.

Legal Representation and Family Law Attorneys

Attorneys should assess their client’s mental state. Attorneys have to ensure their clients have the capacity to make informed decisions. This includes if any mental disorders affect the client’s ability to understand and assist in the client’s case. If the attorney believes their client does not have the mental state to make informed decisions, they should refer to their legal and ethical rules. This may mean they have to withdraw from representation.

A parent’s mental health can be cause for concern in family law cases. When figuring out how to move forward in a family law case when dealing with mental health concerns about your co-parent, contact an experienced family law attorney in your area.