The parties also had in their custody two foster children, K and G, twin boys aged 16, who had been in their custody since they were five years. However the court is going to look at the totality of the circumstances regarding both parents to determine the “best interest of the children.” Even if you do achieve sole physical custody, be aware that the mother of your children may still have contact with them through visitation. She has always put up a fight with me about custody and limits my visitation as much as she can. Comment. Physical and Legal Custody. Bipolar disorder in children, also known as pediatric bipolar disorder, is a mood disorder that causes a child to oscillate between mania, depression, or somewhere in between. If the court must decide custody issues because you and your spouse can't reach a marital settlement agreement, the judge will consider multiple factors, not just your mental illness, to determine an arrangement that serves your child's best interests. The diagnosis itself isn't enough; a court probably would not base a custody decision simply on your spouse's conjecture that something bad might happen someday. The effects of mental illness make it difficult for a parent to care properly for their children, meaning their well-being can suffer. If your wife’s bipolar disorder has proven to present a threat to your child’s safety or well-being, then it will likely be considered when determining custody. About three years later, she didn’t believe she needed her medications and stopped … However, the condition tends to look different in children, with more irritability, mixed episodes, and mood swings than in adult bipolar disorder. Most state laws also say that parents have a right to raise their children without the government interfering. When a marriage breaks down, child custody is a topic of great concern—especially for people struggling with mental illness. Bipolar disorder is protected by federal law. It can have a major impact on other family members and on parental relationships. My daughter lives with her mother who is diagnosed with bipolar disorder. Posted Dec 03, 2020 Divorcing a Bipolar Spouse in Arizona Discussed by the Experienced Scottsdale Arizona Divorce Attorneys at Hildebrand Law, PC. For example, maybe your doctor placed you on new medication, or there was some other trigger beyond your control that's not likely to reoccur. Comment. A prior diagnosis by a qualified mental health provider would certainly be excellent proof a spouse has bipolar disorder. If the elevated mood is severe or associated with psychosis, it is called mania; if it is less severe, it is called hypomania. In any custody battle where bipolar disorder or another mental illness comes into play, the fact that a mother has bipolar disorder is not usually enough for the court to deny her custody. So I'm writing a story about a family (mom and dad are divorced) and the kids with live their mother. When she was diagnosed with bipolar disorder, anxiety with panic disorder and treatment-resistant depression at the age of 16, Melissa said having children was not something she thought she was ever going to do. In a manic state, a mom with bipolar disorder might become impulsive, agitated, and grandiose. If you've had a few bad episodes, such a professional can determine what went wrong and if it's likely to happen again. A. The court may also take into consideration the following: If the mother of your child is not willing to seek treatment and is not following her doctor’s treatment plan, or shows signs of being unstable, the judge could consider all those factors when deciding who should have custody of your child. (It is suspected that 2 out of 3 people have a mental illness and only 1 in 4 seek treatment.) Continue Reading No Comments » Comment Now! We’re ready to help. Call 877-600-7891 | 248-218-1473. Many moms who suffer from bipolar disorder are able to manage their condition with medication and psychotherapy. How would having bipolar disorder affect a child custody case....especially if the parent who is bipolar is not under treatment and is invloved in addictive and dangerous begavior and refuses to get help although he/she was diagnosed as bipolar. She had an excessive fear of germs and dirt and the compulsion to repeatedly wash and clean herself, and items she uses, to ward off dirt and germs. For example, maybe … Bipolar disorder in children is a serious condition. Mental illness is a factor in determining child custody, but its impact on your child could be offset by other factors such as the relationship you and your wife have with your child, what the preference of the child is, and the closeness of each of you to your child’s school and other activities. If you have a history of suicide attempts, however, or other extreme behavior from manic episodes, this might sway a judge into not giving you custody because you might present a danger to your child at such times. How Personality Disorders Can Influence Child Custody July 20, 2016 . There were incidents before my daughter was born that really show she is unstable. Thus, your illness is not likely to have any effect on your child and should therefore not be a consideration of the court. Thus, parents with mental illness often avoid seeking mental health services for fear of losing custody of their children. But most courts tend to err on the side of caution and normally rule against the parent suffering from a mental illness. After a 7-day custody trial, I was re-awarded custody. Mental illness varies depending on the person who suffers from it, so there’s no bright-line rule on how a court will approach the topic when it comes to child custody. She has always put up a fight with me about custody and limits my visitation as much as she can. The courts have discretion in determining what is in the best interests of your children with respect to custody. Depending on how you deal with your diagnosis, it may not be a deterrent to gaining custody. It is a personality disorder that constitutes three types of categories. It is reasonable to think that, if one parent is diagnosed with and treating for such a condition, their mental health records would have to be turned over in the custody case. In order to win custody, a father must prove in a divorce trial that the mother of the child has bipolar disorder, and also experiences mood swings that may put the child in emotional and/or physical danger. It includes maniac depression and manic depressive disorder. When there is evidence that your ex’s bipolar symptoms have endangered you or your children, the court can limit his or her custodial and placement rights. Jade C. Nunnally v. Adam Nunnally. However, bipolar disorder – characterized by severe mood swings from depression to elation and mania – is often successfully treated with therapy and medications. Bipolar and custody of children? No, bipolar disorder will not affect a judges decision. What a Forensic Psychologist Does in a Child Custody Case Assessing the best interest of the child during family breakups. This process does not involve interviewing the child. Some people experience their first symptoms as a child. For example, if a bipolar woman is going through a manic phase, she might become impulsive and not think things through. However, most states have laws that iterate how important it is for both parents to be involved in a child’s life. However, if a parent has a history of child abuse or neglect due to mental illness, then the issue of child custody is more complicated. The parties also had in their custody two foster children, K and G, twin boys aged 16, who had been in their custody since they were five years. This is a starting point to help you in researching and preparing yourself for such a divorce or custody case. Some state laws cite mental illness as a condition that can lead to loss of custody or parental rights. A custody evaluation is usually performed by a licensed psychologist who will investigate your family, including your history with bipolar disorder, and give an expert opinion as to how likely it is to affect your children if you're given primary physical custody. It is not a secret and they can talk to whoever they want to talk to about it, as wherever they can find some support is a good thing. I help children, teenagers, adults, couples, and families and have been involved in hundreds of legal cases related to divorce and child custody. If the mother of your child is receiving treatment for bipolar disorder and is following the recommendations of her doctor, she could receive custody of her child. Understand triggers, and learn strategies for managing intense emotions and irritability. People suffering from this type of disorder show traumatic states of extreme […] Bipolar and child custody. However, she has Bipolar 1 and I was wondering if that meant that the dad would be more likely to win custody over the kids? The courts generally take any mental disorders extremely seriously when it comes to child custody cases. The mental illness must be shown to have a negative impact or potential negative impact on your children. A. The effects of mental illness make it difficult for a parent to care properly for their children, meaning their well-being can suffer. These can minimize their extreme episodes. We’re ready to help. More and more, families are being incorporated into therapy. This ranges from anxiety or depression to bipolar disorder to schizophrenia. It is possible that the court will make an exception and give the mother of your children legal custody if she can prove her mental illness can be – and is – managed. If you are concerned that the mother of your children will make unhealthy or dangerous decisions for your children due to her bipolar disorder, this will be something to consider with your lawyer and the court. If both parents have bipolar disorder, the likelihood rises to 4 in 10. At October 02, 2017; By Miles Mason; In Child Custody; 0 Tennessee child custody case summary. In order to win custody, a father must prove in a divorce trial that the mother of the child has bipolar disorder, and also experiences mood swings that may put the child in emotional and/or physical danger. Bipolar disorder is a chronic or episodic (which means occurring occasionally and at irregular intervals) mental disorder. 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