If you suffer from a mental illness, like many in the United States do, going through a divorce can come with additional concerns, particularly the fear that your condition will disqualify you from gaining custody of your children. However, a diagnosed mental health condition doesn’t necessarily mean a parent will lose the ability to care for their children. Understanding how mental health issues play a role in determining custody in New Jersey can help improve the chances of preserving your parental rights. If you are fighting a custody battle, it is in your best interest to contact our trusted Edison Child Custody Lawyers who can help safeguard your interests.
How Do Courts Determine Child Custody in NJ?
Generally, a judge will approve a child custody agreement that is signed by both parents unless they believe that it doesn’t serve the best interests of the children involved. However, if there are disagreements about physical or legal custody, the court will intervene and issue a decision. In New Jersey, courts determine child custody by considering what is in the child’s best interests. The court will consider various factors including:
- The age and health of the child
- The mental and physical health of the parents
- The stability of each home environment
- The ability of each parent to provide for the child’s needs
- The parent-child relationship
- The child’s parental preference when they are of appropriate age and capable of formulating an intelligent choice
- Each parent’s employment responsibilities and earning capacity
- Any history of domestic violence
- Any substance abuse problems
- Any history of child abuse, neglect, or abandonment
Can a Parent’s Mental Health Preclude Them From Gaining Custody?
Although the court will consider a parent’s mental health when awarding custody, a diagnosis alone will not automatically preclude them from obtaining custody. However, it will influence the court’s decision. This is because a parent’s mental illness can significantly impact their ability to provide a safe and stable home environment for their children. The court will consider the severity of the condition, treatment compliance, and how it affects their parenting capabilities. They will also assess whether or not a mental health issue will prevent the parent from meeting a child’s physical and emotional needs. This is because at the heart of child custody laws in New Jersey is the best interests of the children involved.
Mental health can determine the types of custody a parent receives. If their condition affects their ability to maintain a safe environment for the children, they may not receive physical custody. Additionally, if their condition impacts decision-making, they may not receive legal custody. If the court determines the condition negatively impacts their parenting ability, the court may consider options like supervised visitation. Nevertheless, if the court determines a parent is fit to care for their children and it would be in the child’s best interest to have a relationship with them, they can grant a parent who suffers from a mental illness custody.
As you can see, a parent’s mental health can be a factor when courts decide on child custody in New Jersey. If you are suffering from mental health issues and facing a custody battle, please don’t hesitate to contact a compassionate attorney from Ardnt, Sutak & Miceli, LLC. We can help you make the case that you are still able to care for your child. We are prepared to help you gather evidence and get testimony from medical professionals. Connect with our firm today so we can assess how we can be of assistance.
