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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.
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∙ 9y ago
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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.
How does Child Protective Services decide if a parent is unfit?
Child protective services does no decide if a parent is unfit. A judge will decide that. Child protective services can and will however, help the judge to decide by presenting any evidence they have found that may prove the parent unfit.
How do you get soul custody of child?
To get soul custody of your children you must prove the other parent is unfit. If they have any addictions, proving they are unfit will not be hard.
How can you prove someone unfit?
prove they have mental health problems wich restrict them from taken part in everday life prove they are on drugs or abusive or dont care
Does being sick make you an unfit parent in the courts?
Depends on the illness and the affect on the health and safety of the child.
May you have custody of your grandchild if you report your child as an unfit parent?
yea u can it all depends if you can prove it to the social workers
If your undreage and the father is of age can any one keep you from the child?
Only if you prove to be an "unfit" or bad parent. The parent that is an adult has not more rights to the child because they are an adult and you are not.
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
Does past mental illness affect child custody?
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 abuseexcessive disciplinefailure to protect the child from abuse by othersfailure to report abuse of the childneglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schoolingfailure to provide proper medical carefailure to provide day to day parental careserious illness or disabilitymental illnesssubstance abuse or addictionalcoholismcriminal activity and/or associationsincarcerationconduct or conditions that are seriously detrimental to the childabandonmentchild endangermentleaving the child unattended or in the care and supervision of a child or otherwise incompetent persona failure to provide adequate supervisionunsafe living conditionsa medical condition that makes it impossible for the parent to adequately care for the child.
Can a father be declared an unfit parent if he has a mental disorder?
It depends on the nature of the problem. If it would cause him to be unable to financially or physically take care of his children, harm or endanger his children, then the answer is yes. See the related question link for factors a court will consider when declaring a parent to be unfit.
What should a parent who is seeking full custody be prepared for in a custody hearing?
A parent who is seeking full custody should be prepared to be questioned about every aspect of their lives. A person seeking custody will have to prove that they are a fit parent, have a steady income, a decent home, and can care for the child. They may also have to prove that the other parent is unfit.
What is the Military term for mentally unfit?
It is exactly that..mentally unfit. It is also broken down into categories like bi-polar and schizophrenia would be in one, depression and anxiety would be in another. But they all fall under mental illness' that deem you mentally unfit for duty depending on severity.
