The concern regarding mental health illness issue has grown since COVID struck New Mexico in 2020. Unfortunately, the COVID pandemic has triggered a substantial rise in mental health issues across America. Accordingly, parents are increasingly curious how mental health illness impacts child full legal custody and parental visitation.
Regarding the rise in mental health illness issue, researchers have discovered that anxiety and depression levels are six times higher than pre-COVID levels. Additionally, the rates of substance use and abuse have risen for both youth and adults. Finally, although COVID related lock-downs may have decreased the virus’s spread, the lock-downs may also be responsible for increased rates of domestic violence.
The combination of mental health illness issues, substance abuse, and domestic violence creates an increased concern for family court judges. In turn, this concern often impacts a judge’s decision regarding child full custody and parental visitation.
Let’s unpack how allegations of mental health illness issue impacts child full legal custody and parental visitation.
It is common for people that experienced a difficult breakup to raise concerns about their ex’s mental health. For instance, it’s common to hear phrases such as bipolar, narcissistic, or sociopath, in relation to an ex. As a result, mental health allegations are a common theme in family court.
But how does an ex’s mental health illness impact child full custody? Specifically, what mental health issues do family court judges find concerning?
At the issue’s core, judges want to know if a parent’s mental health condition impairs their ability to meet parental responsibilities. In other words, does the mental health illness prevent a parent from adequately meeting the child’s needs? If so, child full custody and parental visitation will be significantly impacted.
In New Mexico, child legal custody and parental visitation issues are always decided based on a child’s best interests. Additionally, NM judges have a duty to protect children, when deciding the appropriate child full custody and parental visitation schedule.
Judges look for classic signs when allegations of mental health issues are raised.
First, judges are concerned by a parent’s unusual courthouse appearance or demeanor. For instance, a parent displaying unusual facial expressions, body language, or abnormal statements will impact a judge’s impression. In turn, this impression impacts the judge’s level of concern. In other words, a judge’s level of concern often mirrors a parent’s level of outlandish and abnormal behavior.
In one case, the mother allegedly suffered from bi-polar disorder. Mother routinely made bizarre and unusual statements in court. For instance, during one hearing, Mother suddenly fired her attorney. Additionally, Mother made wild and exaggerated body-movements in court. These movements were out-of-place and abnormal for normal court demeanor.
Out of court, Mother noticed and then confronted the assigned judge at a local grocery store. The judge was so flustered by the interaction that she recused herself from the case. Not to be deterred, Mother began confronting the new judge by telephone, email, and written letters. The second judge was so flustered by the interaction that she also recused herself.
Based on these bizarre actions, the court was highly concerned with Mother’s mental health issue. Based in part on these concerns, Father was awarded sole legal custody.
In another case, Father allegedly suffered from mental health issue. In court, Father was routinely aggressive and incoherent. At one hearing, Father was late because security refused to allow him to enter the court with a butane burner. Once Father was allowed to enter the courthouse, security followed Father to his courtroom. During the hearing, multiple security guards were in the courtroom to control Father’s behavior. Accordingly, the assigned judge had major concerns about father’s mental health. In turn, the judge questioned Father’s ability to care for the minor child. Ultimately, Mother was awarded sole legal custody
These personal examples are a bit extreme. Nevertheless, the cases illustrate how a parent’s behavior – both in court and out of court –impact a judge’s concern regarding mental health illness.
In short, there’s a continuum of mental health illness issue. On one end, the parent may have unusual “tics” or behaviors in court that are concerning. Additionally, the parent may make slightly abnormal statements that are concerning. On the other end, the parent’s behavior may be so wildly abnormal that security is called to ensure that everyone is safe.
When considering mental health issues, judges are also concerned by testimony regarding a parent’s behavior. Judges often take note to the following buzzwords regarding mental health issues:
These buzzwords create concern. In turn, this concern is magnified by real-world examples that connect the words with a parent’s life.
Additionally, a judge’s concern grows as evidence is introduced to support the root issue. This evidence often includes:
Domestic violence, restraining orders, and substance abuse increase a judge’s concern regarding mental health issues. Usually, mental health illness corresponds with other concerning issues.
For instance, parents suffering from mental health illness often have issues with instability, substance abuse, or domestic violence. Consequently, CYFD often becomes involved with the family. Additionally, a restraining order of protection may be needed to protect the parent and child.
A judge’s concern regarding mental health issue grows with each additional issue. In other words, a judge’s concern increases when domestic violence or substance abuse issues are added with allegations of mental health illness issue. In short, more issues equal more concern.
As we have seen, judges are concerned by allegations of mental health issue. Moreover, a judge’s concern increases as the evidence and issues increase. Consequently, this concern impacts the judge’s decision regarding the child’s best interests.
Regarding child full custody and parental visitation, judges usually do not award joint legal custody to parents that are unable to adequately care for a child. In this situation, the court likely will award sole legal custody and supervised parental visitation.
Somewhere in the middle, the judge may have concerns regarding a parent’s mental health issue. Nevertheless, the concerns may not rise to a level that demonstrates a parent is unable to meet a child’s needs. In this situation, the judge likely will award joint legal custody. In doing so, the concerns may impact the judge’s decision regarding parental visitation. Specifically, the concerns may lead to the judge granting a parent limited visitation, until more information can be uncovered.
Moving forward, the judge may decide that a Guardian Ad Litem (GAL) should become involved with the case. The GAL would then investigate the matter and uncover more information. In doing so, the GAL works toward uncovering enough information to make informed recommendations regarding the child’s best interests.
Depending on the court’s level of concern, the judge may decide that a parent needs individual therapy/counseling. As a result, psychological testing may be necessary to detect a significant psychological illness.
Ultimately, the judge’s decision depends on the facts of each unique case.
Do you have questions about how your ex’s mental health issue impacts child full legal custody and parental visitation? If so, are you searching for the best child full custody lawyers or attorneys in Albuquerque? At times, finding the best child legal attorney oe lawyer takes a bit of searching.
Matthew Sanchez is an experienced Albuquerque child custody lawyer/attorney near you. For more than a decade, Sanchez has handled child custody all across New Mexico, including: Rio Rancho, Santa Fe, Los Lunas/Belen, Gallup/Grants, Estancia/Socorro, and Taos. Talk to a seasoned and successful Albuquerque child custody lawyer/attorney. Talk to (505) SANCHEZ.
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