The Law Offices of Soheila Azizi & Associates, P.C.

Mental Illness and Custody: How This Impacts Custody Decisions

mental illnessIf one parent suffers from mental illness and you are going through a custody dispute, the court will take many things into consideration. If it has been brought up, it probably means that the court is assessing the mental fitness of the parent and whether or not it has an impact on their ability to parent to the best of their ability. If the parent is struggling to raise their child while dealing with mental health issues, the parent could be awarded limited visitation rights or denied access to the child until they are considered a fit parent.

The courts usually want a child to maintain a relationship with both parents. This is why they could award any of the following:

  • Primary custody, where one parent has most of the time and the other parent will have visitation time with the child
  • Sole custody, where one parent has all the time with the child and if the other parent sees the child at all, it is usually on a short-term basis, such as a few hours here and there
  • Joint custody, where time is shared as closely to evenly as possible

The courts will assess what works for the parents by determining who is able to provide the most stable environment for the child and to raise them in a competent manner. The courts might assume that, if one parent has a history of mental illness and it affected their ability to parent in the past, it might not be in the best interest of the child to live with that parent now. However, most courts will not deny visitation time altogether, as they believe that no matter what, it is important for a child to be in the life of both parents to some capacity.

If you or the other parent suffers from mental illness and wonder how this will affect custody, speak with us. We care about your case and want to help you gain real results. Call us for more information.

Customer Reviews

The Law Office Of Soheila Azizi & Associates, P.C.

Customer Reviews

Adrianne Fernandez 3/11/2021

Beyond impressed! I had been self represented through years of family law and child support court hearings and was so hesitant to hire an attorney out of fear and trusting that they would appropriately represent myself and child. After tons of research I contacted Ms. Azizi. I immediately was greeted by Lorenzo, the Office Administrator, who made me feel so welcomed and comfortable. He assisted in making communication seamless and effortless and walked me through each step of the process. Ms. Azizi heard my concerns and was extremely sensitive to the matter of FAMILY. The team did an amazing job with discovery and building a strong case that gave me confidence and I was successful in coming to an agreement with the other party, in what has yet to have been the easiest hearing of all, thanks to them. Ms. Azizi settled my case after years of stress and agony. I am grateful for finding the team and Ms. Azizi and definitely recommend them for any of your legal needs!

Linda P 6/19/2020

This law firm is the best! They have helped me so much with my Divorce and Criminal cases and I really wouldn't know what to do if I didn't have them to represent me. Lorenzo and Ro are awesome and are there to help at all times. My attorney was Mr.Edmondson and he has been amazing. This law firm is truly great and I will never go to any other one. Their responses are quick and will answer any questions you might have.

Diana H. 05/01/2021

Seven stars. I had planned to put up my reviews after my final judgment but after the first hearing, couldn't wait, and I would write this whatever the outcome of my difficult case. Soheila was simply amazing in her arguments and strategy before the judge. I felt so taken care of. I chose her for her near-30 years of experience as an attorney, the depth and strength I observed in one who had weathered hardship through her many accomplishments, her compassion, and her smarts. I can't imagine what other attorney would have Zoomed with me even in sickness to help prepare me for a legal session. And I later saw how keen she'd been in her advice. I've been deeply touched watching Soheila and her paralegal Lynda Walker fight for my child as if he were their own. They in particular have treated me with great humanity - day and night from what I experienced at my former attorney's. Lynda is a gem, on her toes, flexible, hard-working, committed to each client, humble, and sweet. She has slaved over my case, doing much of the writing, watchful of me on paper and in person, guiding me gently while encouraging me to use my voice. The staff, including the office administrator Lorenzo and Linda C, is caring, respectful, and conscientious. A band of angels.