Family law matters are always legally and emotionally challenging, but when one party in a family court case struggles with mental illness, it adds a new layer of complexity and requires careful handling. Often, one party in a divorce, child custody case, or other family court matter assumes that the other party’s mental illness means the court will automatically decide the case in their favor, but this isn’t always the case.
The stigma of mental illness has lessened in recent decades. Courts do not discriminate against those with controlled mental illnesses. Today’s courts consider many factors before deciding whether or not one party’s mental illness impacts a family law case.
In Colorado family court, mental illness becomes a factor mainly in child custody and spousal support cases. The courts do not discriminate against spouses with diagnosed mental illnesses such as anxiety, depression, PTSD, and other controlled mental health conditions.
Only when an unaddressed mental illness negatively impacts a parent’s ability to care for their child or prevents self-sufficiency does it become a matter of concern. In these cases, a court will hear testimony and examine evidence from both sides before making a decision and issuing binding legal orders.
Colorado family courts make all decisions in the best interest of the children. Under the standards established by Colorado Revised Statutes Title 14 § 14-10-124, the courts begin with the presumption that continued close contact with both parents is in the child’s best interest. This presumption is rebuttable, meaning one parent may present evidence that equal custody or unsupervised child custody by the other parent is not in the child’s best interest.
Often, this is when a parent’s history of mental illness becomes relevant. A parent with an untreated mental illness can adversely affect their ability to care for their children adequately.
If a parent’s mental illness presents a danger to a child’s safety or emotional well-being, or if it leads to chronic substance abuse, it could have a significant impact on a judge’s custody decision.
Colorado courts do not always award spousal maintenance in Denver divorce cases. Instead, the court considers all factors, including the incomes of both spouses, the accustomed lifestyle during the marriage, the duration of the marriage, and whether or not one spouse put their career goals on hold to raise children or support the other spouse’s career advancement.
Another consideration is a spouse’s potential earning capacity. When one spouse’s mental illness impacts their ability to work or be self-sufficient, a judge is more likely to award spousal support paid to that spouse from the higher-earning spouse after the divorce.
When determining mental fitness in child custody and spousal maintenance cases, a judge considers the following:
Depending on the court’s findings, a judge may decide to award primary custody to the other parent with visitation rights to the parent with a mental illness, or may restrict custody and visitation, or order supervised visitation only.
If your divorce or child custody case involves mental illness allegations, you need an attorney with experience in this specialized area of family law. Whether your mental illness impacts your family law case, or your spouse or ex-spouse has a mental illness or chronic addiction, call Ciancio Ciancio Brown, P.C., for experienced representation.
