Divorce presents unique challenges that impact the entire family. When children are involved, the process of divorce becomes even more complicated.
But the emotional well-being of parents plays a role in how courts determine child custody. Especially if there are factors that interfere with the best interest of the children involved.
Understanding how emotional well-being impacts your child custody outcome is essential to securing the future of your family and achieving the resolution you want.
The Importance of Emotional Well-Being
Family law courts use factors related to the parent’s emotional health as a way of ensuring that the child has a stable and supportive environment.
The child’s own emotional health is heavily influenced by that of the parents. But despite any existing emotional issues, the courts usually strive to give both parents the opportunity to participate in the child’s upbringing.
But one parent may express the desire to minimize the other’s custody or visitation rights, affecting the decision made by the courts.
Legal Considerations When Addressing Emotional Issues
The emotional issues of parents can contribute to problems related to child abuse, domestic violence, and addiction.
As a result, the well-being of parents is a central focus in divorce cases that present evidence of these and other serious concerns.
In more severe cases, emotional and mental challenges can interfere with a parent’s ability to secure and maintain employment or meet their own basic care needs.
But the courts may not restrict custody rights if the emotional issues don’t interfere with the child’s well-being.
However, one parent may attempt to use the emotional or mental health issues of the other as a means of gaining full custody of the child.
Consulting with a legal professional helps parents secure custody. One parent may be granted physical custody while the other retains legal custody.
This allows one party to oversee the living environment of the child and gives the other the legal authority to make important decisions.
Protecting Your Rights in Your Divorce
In addition to the emotional health of both parents, family law courts also consider the child’s preferences, the relationships between the child and the parents, the location of both parents, and each parent’s willingness to provide the necessary care.
Any history of abuse or the threat of violence made against the child must also be considered.
Parents with emotional or mental health issues can provide the evidence needed to retain custody (full or joint) and protect their legal rights despite the presence or diagnosis of an emotional or mental health issue.
A family law attorney can help parents demonstrate their ability to care for their children and ensure court judges that they can provide long-term care and stability.
Medical records can be submitted by both parties to demonstrate the presence or absence of any emotional issues that might interfere with the child’s well-being.
Expert witness testimony may be used when presenting a case for child custody. Custody evaluators, psychologists, and others can support your case when seeking to retain custody in a divorce.
Divorce cases become more complex when emotional issues related to the parents are involved. Judges must consider the best interests of children when establishing child custody agreements.
Working with an experienced family law attorney helps you develop a strategy that defends your legal rights while protecting the well-being of you, your child, and your entire family.