During a divorce, if either spouse is dealing with serious diagnosed mental health issues, it could affect anything from property division to child custody. As always, the judge will need to spend some time considering what is in the children’s best interests before making any big decisions.
If the circumstances of the condition are extreme, the judge could decide to restrict some custodial or parenting time rights of the parent suffering from mental illness. This is generally reserved for circumstances in which the safety of the child is at risk when in the care of the parent suffering from mental illness.
Below is an example of a set of circumstances in which a judge might be forced to make this difficult determination:
- The parent is not able to meet the physical or emotional needs of the child because of the mental illness
- That illness is permanent and doctors do not expect the condition of the parent to improve
- The child has already been out of the parent’s care for an extended period of time
- There have already been attempts to reunite the parent and children, and those attempts were unsuccessful
- It is ultimately in the children’s best interests for there to be a separation
For further guidance on your rights as a parent and how you can exercise them during the divorce process, speak with a skilled Minnesota divorce lawyer at Appelhof, Pfeifer & Hart, P.A.
