Many parents living with mental illness are reluctant to disclose their condition in family law proceedings. This hesitation often stems from fear—specifically, the fear of losing parenting time or decision-making responsibility.
A mental illness, on its own, does not disqualify a parent from maintaining a relationship with their child. Instead, the key issue is whether the parent can provide safe, stable, and effective care for the child.
When a parent’s mental illness is well-managed and does not pose a risk, parenting time can be granted or continued. However, in some cases, the court may impose safeguards, such as:
All parenting decisions are governed by the best interests of the child—a legal standard that ensures the child’s needs are prioritized above all else. When mental illness is involved, the court conducts a careful and holistic analysis.
Key Considerations:
In addition to assessing a parent’s mental health, courts also consider the parent’s overall conduct and approach to parenting responsibilities. This includes evaluating the parent’s history of complying with existing court orders and their ability to shield the child from conflict—particularly conflict arising from ongoing legal proceedings.
Mental illness, in itself, is not a barrier to parenting time. What truly matters is the parent’s ability to provide safe, consistent, and loving care. Courts are committed to making decisions that safeguard the child’s overall well-being while treating the parent’s circumstances with care, compassion, and fairness.
