If you have a mental health issue, you are probably worried about how it will affect your right for custody of your child. Let us briefly discuss the circumstances in this article.
The impact on your case depends on the severity
Depending on the severity of the case, a mental health issue does not always mean that you would have a problem with child custody in Michigan. The following impacts of the case depend primarily on the severity such as the following:
- Does your mental health disorder require frequent hospitalization?
- Does your mental health issue make you prone to violent outbursts?
- Does your mental health issue necessitate in-home care?
In these situations, you can expect that the court may act in favor of the other parent. Mental Health issues are often not problematic if the situation is controllable or at least under the control of the person who has been affected.
So, if my situation is manageable, what should I expect next?
Once you settle that the situation is manageable, mild mental illnesses like moderate depression or anxiety, may not influence the proceedings at all.
Best Interest of the Child still applies
At the end of the day, the best interest of the child still applies.
In the case of a divorce, the former spouses often will not have an issue. Since Michigan is a no-fault divorce state, it is simple to get a divorce as long as the parties prove the irreparable damage and breakdown of the marriage. However, the problem starts when the parties start talking about the custody of the children, as well as that of the property.
Michigan wants the custody process to be joint custody as much as possible. The court is only required to assess whether the parents should have joint custody or not if one or both of the parents would request it.
Generally, the best interest of the child is always to have both parents maintain a close relationship with each other and to spend time with both parents.
When both parents have joint legal custody, it presumes that both parents shall have the right to make decisions that concern the child’s education, medical treatment, religious training, as well as enrichment activities that help the child prosper.
On the other hand, when both parents have joint physical custody, they both get to spend time with the child.
Let Haque Legal Help You With Your Child Custody Case
Now that you know some facts about dealing with divorce and domestic violence, it is time to get down to it. If you require a lawyer who can assist you with ensuring that you protect your rights to your property and against your abuser, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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If you need a lawyer to help you during your divorce proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.