Personality disorders are not as uncommon as you might think, afflicting an estimated 13% of adults worldwide. A personality disorder impacts the way a person thinks and behaves, with effects on emotional well-being and relationships with others.
Having a diagnosed personality disorder does not automatically disqualify a parent from sharing custody of their child. The majority of parents with personality disorders receive treatment and successfully manage their condition, raising their children with love, care, and safety. However, under some circumstances, a court may consider a parent’s personality disorder as one aspect of a final custody decision.
Meeting the Best Interests of the Child Standard In Colorado Divorces
Colorado Family Court makes all decisions in a child’s best interests under § 14-10-124, which states the following:
“In most circumstances, it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage.”
In the best circumstances, divorcing spouses communicate and compromise during the divorce process and come to an agreement on a shared parenting plan, which the court then signs into final orders during the dissolution of the marriage. Unfortunately, sometimes it isn’t possible or advisable to agree to a shared parenting time plan. In these cases, the parents take their child custody dispute to court. Each side presents evidence in court, and the judge makes the final custody decision.
Although the court begins with the presumption that continued close contact with both parents is in the child’s best interests, this is a rebuttable presumption, meaning one parent may present evidence demonstrating that it isn’t in their child’s best interests for the other parent to have or share custody. This sometimes occurs when one parent has a personality disorder.
How Does a Parent’s Personality Disorder Affect Their Custody Case in Colorado?
Each parent’s mental health is an important factor considered by the court during child custody cases. If one parent has a personality disorder like depression, anxiety, obsessive-compulsive disorder, paranoia, schizophrenia, narcissistic personality disorder, or borderline personality disorder, a judge may consider evidence such as the following:
- A history of domestic violence, child abuse, or child neglect
- Testimony from medical and psychiatric professionals about the impact of the personality disorder on parenting ability
- The results of a court-ordered psychiatric evaluation
- Notes from social workers or custody evaluators
- Allegations of substance abuse problems (which may be more common in individuals with personality or mood disorders)
- Patterns of conflict, violence, erratic behavior, or criminality
- A history of disregarding court orders
- A history of manipulating the children into disliking or distrusting the other parent (parental alienation)
The court carefully considers evidence presented by both parents and then makes a decision that best meets the child’s best interests standard.
Child Custody Cases Involving a Parent With a Personality Disorder
If one parent feels that it is not in their child’s best interest to share custody of their children with the other parent due to the parent’s personality disorder and related behavior, they must present evidence that focuses on how the personality disorder affects the children rather than the diagnosis itself. On the other hand, a parent with a personality disorder should focus on demonstrating control over the disorder through therapy and/or medication and the creation of a stable, secure environment for their child. Contact our experienced Denver family lawyers for a free consultation.