Millions of adults in the U.S. deal with mental illnesses such as depression, bipolar disorder, generalized anxiety disorder, and schizophrenia. Divorced and unmarried parents often have questions about how mental health can influence the allocation of parental responsibilities and parenting time. Illinois courts make every child custody decision with the child’s best interests in mind. So, if a parent suffers from a mental health condition that affects his or her ability to care for the child and keep the child safe, this can certainly influence the court’s decision. However, Illinois law clearly states that parental conduct that does not affect the child should not be considered during custody determinations.
Navigating child custody and divorce issues when a parent has a mental illness can be complex and confusing. The best way to receive trustworthy guidance is to speak to a family law attorney experienced in complex child-related issues.
Allegations of Mental Health Disorders in Illinois Family Law Cases
If a parent is concerned about the other parent’s mental health, he or she can request that the parent undergo a professional mental health evaluation. Parents who request a mental health evaluation should know that they may also be required to undergo the assessment. They may also be required to pay for the cost of the evaluations. During an evaluation, the evaluator may ask the parent about his or her thoughts and feelings, assess the parent’s cognitive functioning, and observe the parent’s behavior.
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