Mental Health and Parenting Time and Responsibilities

 Posted on December 00, 0000 in Child Custody

According to the National Alliance on Mental Illness (NAMI), there are around 44 million people who experience a mental illness in any given year and around 10 million adults live with a chronic mental illness. Mental illness can include a vast variety of diseases, including bipolar disorder, schizophrenia, eating disorders and post-traumatic stress disorder, though the most common mental illnesses in the United States are depression and anxiety disorders. Going through a divorce can affect those with a mental illness more than the average person, emotionally and mentally. While it is not a major and definite factor in deciding parenting time and responsibilities in Illinois, it can play a factor.

Making Decisions Involving Children in a Divorce

According to the Illinois Marriage and Dissolution of Marriage Act, when a judge is making decisions involving children in a divorce, he or she must make those decisions in consideration of the child’s best interests. Many factors are taken into consideration when determining the child’s best interests and some of these factors include:

• The wishes of each parent;
• The child’s needs;
• The wishes of the child, taking into consideration the child’s age and maturity;
• The ability of both parents to cooperate when making decisions;
• The ability of each parent to put the child’s needs before their own; and
• Any other factor that the judge deems relevant to the child’s best interests.

When making these decisions, the main thing on the judge’s mind is to ensure that the child is happy, healthy and receiving proper care.

Mental Health and the Impact on Child Issues

It is not a secret that the mental health of each parent will be taken into consideration when making decisions about the allocation of parenting time and decision-making responsibilities. Though it can in some cases affect the judge’s decisions, a parent will not automatically be stripped of parenting rights because of mental illness. The judge will take into account the type of mental illness and the severity of the illness before they make any decisions.

Do Not Fret -- A DuPage County Child Custody Lawyer Can Help

Everyone will experience difficult times in their lives. When you are living with a mental illness, it can be difficult to deal with other stressful events, like a divorce, but they can often be absolutely necessary. Many parents who live with mental illness worry it will affect their ability to have fair parenting time and responsibilities. At the Law Office of Matthew M. Williams, P.C., we understand that mental illness and divorce can be two very complicated topics, especially when you put them together. Our knowledgeable Aurora, IL child custody attorneys can help you fight for your right to be a parent to your child. Call our office today at 630-409-8184 to schedule a consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000

https://www.nami.org/NAMI/media/NAMI-Media/Infographics/GeneralMHFacts.pdf