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Depending on the severity, mental illness or a history of mental illness could be a factor in a court declaring the parent unfit, if the illness could result in an unsafe environment for the child. The parent should have good legal representation in any action that will result in their being declared unfit.
The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:
- physical, emotional and sexual abuse
- excessive discipline
- failure to protect the child from abuse by others
- failure to report abuse of the child
- neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
- failure to provide proper medical care
- failure to provide day to day parental care
- serious illness or disability
- mental illness
- substance abuse or addiction
- Alcoholism
- criminal activity and/or associations
- incarceration
- conduct or conditions that are seriously detrimental to the child
- abandonment
- child endangerment
- leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
- a failure to provide adequate supervision
- unsafe living conditions
- a medical condition that makes it impossible for the parent to adequately care for the child.
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Could a father get custody of his child if there is a history of mental illness in his family?
Yes. The custody of a child is determined by the best interest of the child. If the court determines that the father is better for the child, he can get custody. Mental illness in his family would probably not even be relevant unless he has mental illness, or if a mentally ill relative lived with him.
Are you allowed to have custody of your son if you are not healthy?
That would be dependent of type of illness, age of child, and the affect of care on the child.
Why could a father be allowed custody if the mother has mental illness but is stable and sees a Dr every time she feels she needs to?
Children should not be placed in the custody of a person who is mentally ill and not possessed of good judgment. Mental illness is one of the reasons a parent can be declared unfit for custody of a child.
Can you still have custody of your child if they are 21 in pa?
By 18 they are emancipated so unless there are reasons like mental illness where they can not care for themselves or something where you have to go to court to get guardianship, you can not get custody.
Can a parent with a history of mental illness be allowed overnight visits if he is refusing treatment?
That is dependent on the type and it's affect on the safety of the child.
Can mental illness exclude you from paying child support?
no
How do you prove a parent is unfit due to mental illness?
Mental illness is not in and of itself a reason to deny custody. You would need to prove that the mental illness would prevent the parent from caring for the child's emotional and physical needs now and in the future. A judge will make a determination based on personal observations, observations and recommendations made by a guardian ad litem and evaluations by other professionals such as psychologists, psychiatrists and licensed social workers. Decisions are made based on the best interest of the child.You need to consult with an attorney who specializes in custody issues who can review your situation, explain your options and guide you through the legal process.
How does joint custody affect child support in Nebraska?
The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.
What is a child custody investigator?
A Child Custody investigator is private investigator who specializes mainly in child custody issues. These kind of private investigators are usually hired by one parent to prove that the other parent is unfit to be granted custody of a child in divorce proceedings. To be ruled unfit for child custody can vary between jurisdictions. Some of the reasons can include: Physical abuse Mental abuse Alcoholism or drug addition
Can a father win custody of the child if the child has the mothers last name?
The name given the child does not affect custody. The court looks at the ability of the parent to provide a stable environment with the means to support the child.
How does military deployment affect child custody if parent being deployed is primary?
Custody should change to the other parent
Can a history of mental illness on my partners side affect our child when planning for a baby?
Its possible, but far from assured. For most mental illnesses a genetic background only means that a problem is marginally more likely, outside influences are still the biggest factor.
