Separating or divorcing is a highly complex process that can be even more difficult if there are children involved. Parents have a right to see their children unless court orders prevent that, which means coming to some type of formal custody arrangement.
Child custody arrangements help to establish physical and legal guidelines for a child’s care, residence, and upbringing. They are meant to provide the stability that children need, offering consistent routines and the chance to maintain a relationship with each parent. With the court’s help, it’s possible to find the option that is best for your child.
Custody arrangements are not written in stone, however. Changes in circumstances can lead to modifications. A parent’s health is one of these circumstances, including their mental health.
Michigan’s Best Interests of the Child Standard
In Michigan, family court follows the legal guidance offered by the Michigan Child Custody Act, which contains the “best interests of the child” standard. This standard offers the 12 factors that the courts will weigh when deciding on custody arrangements. These include:
- Love and affection between the child and each parent
- Each parent’s capacity to provide the child with guidance, love, and affection
- Each parent’s capacity to provide the child with medical care, food, and clothing
- How long the child has lived in the same house, and the need for continuity
- The permanence of each parent’s home as a proposed home for the child
- Each parent’s moral fitness
- The physical and mental health of each parent
- Child’s record at home, at school, and in the community at large
- The child’s preferences (if they’re old enough to voice them)
- Each parent’s willingness to allow an ongoing parental relationship between the other parent and the child
- Whether there’s been domestic violence (even if the child was not a target and did not witness the violence)
- Additional factors that the court may consider relevant
Although it is not the only point that the court will look at when deciding on child custody arrangements, the physical and mental health of each parent will play an important role in the choice. If a parent’s mental status changes after the original custody arrangements are made, it’s possible to modify them to protect the child.
Assessment of Parental Mental Health Issues in Relation to Custody Arrangements
Either parent can raise concerns about mental health issues, but it’s possible for the court itself to bring up worries about whether the child is safe. If a parent’s mental health is contested and the court agrees that it could be an issue, the first step would be for that parent to go through a psychological evaluation to establish the nature and severity of their symptoms.
A mental health professional will typically look at whether the parent has any history of drug or alcohol abuse or any previous instances of mental illness. If the parent does have a history of these issues, the court will need to assess whether the conditions are being adequately treated and managed so that they don’t pose a danger to the child.
The mental health professional will also look at the parent’s cognitive function. Can they make reasoned decisions when it comes to the child’s care?
Emotional stability is another consideration. The court will look at whether the parent can maintain emotional control so that they can offer consistent parenting. They must be able to manage stress in ways that don’t involve intoxication or other harmful habits.
Additionally, the court will evaluate whether the parent’s mental health status puts the child at risk of being hurt, either physically or emotionally.
Is Mental Illness Always Cause for Custody Modifications?
Just because one of the parents has been diagnosed with a mental health condition, it doesn’t mean that there’s an automatic need to modify custody arrangements. In some instances, no changes will be necessary.
The court will look for evidence of whether the condition is being managed effectively. If the parent is getting regular treatment via therapy, medication, or other options, and there haven’t been serious relapses, then the judge may not see a need to further disrupt the child’s life. Remember, their best interests will always come first.
If the mental health issue is something that was diagnosed years prior, the court will look at treatment compliance. Did the parent actively participate in their treatment for as long as it was necessary, or did they stop getting the care they needed?
A parent who fails to keep up with their bipolar disorder medication schedule, for example, will have a harder time maintaining custody of their child than someone who never misses a dose or a therapy session.
Mental Health Concerns and Joint Custody in Michigan
Family courts will always look for ways of offering joint custody because it is typically the best format for the child. If one parent has mental health issues, however, that might not be possible.
If the condition significantly impairs the parent’s ability to communicate with the other parent or prevents them from making important decisions on the child’s behalf, then sole custody with the other parent may be necessary. The court will still look for ways of ensuring that both parents get to see the child by offering supervised visitations and limited custody rights.
These arrangements are not permanent, either. Once the parent is able to demonstrate stable mental health, there could be further modifications to custody.
Requesting Custody Modifications in Michigan
If you have concerns about custody arrangements and whether the other parent is mentally or physically healthy enough to provide the care your child needs, it’s important to act quickly. To bring up these issues in family court requires having lawyers by your side who can support your statements and advocate for the child’s best interests.
At Gucciardo Family Law, our team of family law attorneys can assist you through the complexities of custody arrangements with skill and compassion. Contact us for a consultation.
