Allegations of mental health problems, especially suicidal allegations, can damage a child custody case. Other factors that can have adverse impacts on a custody case include criminal charges, drug use, and domestic violence. However, criminal convictions do not last forever, and domestic violence cases can be resolved. A parent addicted to drugs can undergo rehabilitation. However, an allegation of a parent's mental health issue is hard to resolve and can pose a severe, long-term challenge in child custody cases. A simple allegation of suicidal thoughts can make a parent ineligible for child custody.
Court’s Prioritize a Child’s Well-being
In the face of child custody issues, emotions run high, and suicidal allegations can have a significant impact on a child custody case. Family law courts prioritize a child's best interest when making custody decisions. However, other factors can also weigh heavily on the custody arrangement. One crucial factor is the mental health of both parents. All the parties involved in a child custody case must understand the legal implications of suicidal attempts or allegations.
If a parent attempts suicide, it raises a serious concern about their ability to offer their child a safe and stable environment. The court will evaluate all the factors surrounding the suicidal allegations. A parent's mental health history and how it can impact a child's well-being will also come into play.
To be awarded child custody, the parent who made the suicide statements or attempted to commit suicide must prove that they are no longer suicidal. This can be challenging to establish and requires evidence of seeking psychological help. The court can order a supervised visitation with the child. The supervised visitation will continue until there is sufficient evidence that the affected parent is seeking treatment and undergoing periodic psychological assessments.
Suicidal Thoughts and Behavior
Allegations of suicidal thoughts, statements, or behaviors can have a detrimental impact on a child custody case, regardless of whether the allegations are true or provable. A mere suicidal allegation can prompt the court to remove the child from the affected parent to ensure the child’s safety. When the court learns about a parent’s suicidal tendencies, it acts fast to protect the child by restricting the parent’s time with the child.
The court gives temporary custody to the other parent and arranges supervised visits for the suicidal parent. When the court grants custody to one parent, it can be highly challenging for the parent alleged to be suicidal to regain custody.
Suicidal allegations differ from other types of allegations in that the affected parent must prove their mental stability. Other allegations, even the seemingly serious ones, do not damage a child custody case like suicidal allegations. Domestic violence, even if it is a severe offense, can be overcome. A single domestic violence case that did not affect the children might not affect a child custody order. In addition, regular testing can prove that a parent has overcome a drug use issue.
A criminal conviction, especially for a non-violent offense, will likely not affect child custody cases. A parent who faces criminal charges can negotiate, with the help of an attorney, to reduce the charges. Following a conviction, a parent can apply to have their criminal conviction expunged.
With suicidal allegations, the accused parent must convince the court that they are not suicidal. The parent can do this by seeking psychological evaluations, psychotropic medication, psychiatric care, or counseling to assure the court that they are not likely to commit suicide.
The accused parent must also pay all the evaluation and treatment costs. The court will continue to visit the child until it is convinced that the parent is safe. Sufficient psychological treatment could mean weeks or even months of expensive treatment by healthcare professionals.
Mental Health And Custody Determination
When awarding or modifying custody, the court will consider the parent's mental health. However, there are some exceptions, like in the case of Voelker v. Voelker (1994), where the courts have granted custody to a parent with mental health issues, including suicidal thoughts and attempts.
The courts consider the steps a parent has taken to treat the mental illness. In addition, the courts will consider whether the suicidal parent is on medication or therapy. The suicidal parent’s general recovery progress will also come into play. The fact that the suicidal parent is seeking treatment for mental health issues is a positive sign to the court. Seeking treatment counts as a commitment to getting better and striving to be a good and committed parent.
When the affected parent recovers, the court can modify the custody arrangement or the parenting plan. It is, therefore, crucial for the suicidal parent to present the court with evidence of their progress.
How The Court Measures Treatment Progress
Courts use many strategies to oversee the continuing mental health treatment of a suicidal parent. Some courts compel the parent to request an adversarial hearing if they believe they have conquered their suicidal thoughts. The court hears testimony about continuing therapy and prognosis in these proceedings to establish a fresh custody schedule.
Other courts schedule periodic status reviews that are less formal than adversary hearings. The reviews focus on the parent's present treatment condition. Other courts, however, establish treatment benchmarks that permit the parent's time with their child to increase or decrease automatically based on specified treatment criteria that have been met or unmet, usually at predetermined intervals. This arrangement saves money, hassle, and time because the parents can change their visiting plans without appearing in court again.
Having a skilled family lawyer by your side is critical in all these circumstances. Under the court's procedures, presenting and assessing evidence and testimony can become technical. Failure to adhere to legal guidelines might prevent a parent from making a compelling case for or against more extended periods of access or control of the child.
A Suicidal Parent Can Endanger a Child
Parents who are suicidal are not just a danger to themselves but also pose a risk to those around them. For example, a suicidal parent can kill themselves in the presence of a child. Even if the parent does not commit suicide in the presence of a child, the child could still come across the parent, resulting in severe trauma.
A suicidal parent can also harm their child, deliberately or unintentionally, during the suicide. Consider a case where a suicidal parent carries out a murder-suicide. If the suicidal parent attempts to commit suicide and the child tries to stop them, he/she can harm the child. There are many scenarios in which a child can sustain injuries or even die in the custody of a suicidal parent.
A common question is how long the suicidal parent will lose custody. Custody can only be granted when it is evident that the child is not a danger to himself/herself or the child. This period could be weeks, months, or even years. Only a neutral medical health practitioner can recommend when a suicidal parent should regain custody. The court could go to the extent of appointing a child custody evaluator to determine the custody eligibility of the suicidal parent.
When a Child Is In The Custody of The Parent Who Attempts Suicide
If a parent attempts suicide while the child is in their custody, the court will assume an immediate threat to the child's safety from that parent. The court will take quick steps to ensure the child's safety.
Even though the child was not directly affected by the suicide attempt, the court will view it as a symptom of a severe mental health crisis. Even if it is evident that the parent provided adequate care for the child to ensure that the attempted suicide transpired while the child was not around, the court will lean on the side of caution. The court will pass new orders to ensure the protection of the child.
Failing to Act Despite Knowing One Parent Is Suicidal
What happens if you know that the other person is suicidal and poses a danger to your child, but you fail to take action?
You could be guilty of neglecting your duties as a parent. Parents must always protect their children, even if it means protecting them from the other parent. A parent can face legal issues for failing to act, and a child can suffer injuries in the process.
When a Parent Does Not Attempt Suicide But Has Suicide Ideation
Suicide ideation is thinking about killing yourself. The thoughts can even include a plan to die by suicide. The court will consider the extent of the suicide ideation. Every case is unique, so there is no clear-cut answer to how suicide ideation will affect a custody case.
Some people claim to have suicidal thoughts to seek attention, while others intend to commit suicide. However, to the court, the safer option is to deny the parent with suicide ideation custody. During the child custody litigation process, the investigation and discovery process reveal how sincere the suicide ideation is.
Whether The Court Can Deny The Suicidal Parent Visitation Rights
Even if the judge decides to modify a parent's custody rights because of suicidal allegations or mental health issues, it does not mean that the parent will not have any rights toward their child. The suicidal parent can still request to have parental visitation rights to enable them to spend time with their child. Visitation rights can be obtained through a court order.
However, the court can limit visitation if a parent's mental health issues affect their ability to offer a safe environment for their child. Another standard option is arranging a supervised visitation, whereby another person must be present when the suicidal parent is with the child. In some cases, the court can decide that the suicidal parent must first seek treatment before assuming or resuming visitation rights.
The suicidal parent can still request that the court modify the custody order later on. The parent can prove the progress and convince the judge that custody is in the child's best interests. When deciding custody, visitation, and child support, the court prioritizes the child's safety and well-being.
How To Deal With Mental Health Issues
When a child custody case involves a parent with mental health issues, the best step is to contact an experienced divorce attorney. An attorney is experienced in dealing with mental health allegations. Perhaps you believe that your spouse is suicidal. You could also be a good parent who has suicidal tendencies.
The recommended steps for parents with suicidal tendencies are:
- Seeking professional help — A suicidal parent should contact a psychiatric professional. A parent must be in the right state of mind to provide the necessary care for their child. A parent who considers harming themselves or others can also pose a danger to their child. Seeking timely treatment is crucial.
- Keeping mental health information private — if a parent suffers from suicidal tendencies or other mental health issues, it is crucial to keep this information confidential. If you have suicidal tendencies, do not share the information with anyone else except your doctor or mental health professional. Be honest and transparent with your doctor regarding your thoughts and circumstances to enable the doctor to offer you the help you need. Avoid sharing details of your mental health issues on social media platforms or with friends and relatives. Use all means possible to seek treatment for The people you share your mental health details with, including your spouse, can use the information against you. The more people know about your mental health condition, the more likely you are to lose the child custody case.
- Inform a lawyer — You should not conceal your mental health information from your attorneys. Attorneys are confidential and will not reveal your confidential information to the public because doing this can damage your case. However, even if your mental health information is safe with your attorney, the law requires attorneys to report abuse, safety issues, or imminent danger to children. If your attorney learns that you are suicidal, he/she will encourage you to seek treatment. However, the details of your treatment must remain confidential. Therefore, only you, your doctor, and your attorney should know about your mental health condition.
How Courts Determine The Best Interest Of A Child
The court will consider many factors when determining a child's best interest. The objective is to ensure the child's safety and well-being. Every case is unique, and the court's judgment will depend on multiple factors. Some of the factors that the court will consider when deciding child custody include:
- The parent’s ability to offer a safe and stable environment for the child
- The physical and mental health of the parents
- How well the child is likely to adjust to the community and learning institution
- The child’s preference — if the child is old enough, the court can allow them to choose the parent they want to be with
- Evidence of alcohol or substance abuse by either parent
- Any history of child abuse or domestic violence
- The impact of the custody arrangement on the child's life and welfare
Co-parenting and Communication
When there is a suicide attempt, efficient communication and collaboration are essential. Effective communication can help parents stay actively involved in their child's development while remaining emotionally stable. When a parent has attempted suicide, it is critical to develop an effective co-parenting strategy. The plan should prioritize the child's well-being and enable open discussion regarding continuing mental health issues.
A Healthy Parent Should Avoid Being Judgmental
The non-suicidal parent should not be judgmental or condescending to the affected parent. When one parent expresses concern that he/she could be experiencing a mental health crisis, showing sympathy for them while emphasizing the child's best interests is crucial.
It helps to prevent communication barriers now and in the days to come. Consider this: A co-parent can convey their concern regarding the mental health problem to the other parent, but their words are contradicted. Will the affected parent ever admit to a problem again? The child's safety could later depend on the parent's readiness to be open with the other parent concerning their mental health.
Using the parent's disclosures regarding their mental wellness against them in court will prevent them from disclosing similar information later. Encourage the other parent to be open and honest regarding their psychological well-being and focus on being an excellent co-parent rather than a litigant in the subsequent proceeding. Court actions might be required immediately. Make sure to discuss the details of the matter with a reputable family law attorney so that the best legal approach can be implemented.
If the other parent indicates a mental health crisis and asks you to take custody of the child as they seek treatment, do it as soon and safely as possible. Obtaining child custody keeps them safe and demonstrates to the affected parent that you can be trusted and ready to assist.
Find a Child Custody Lawyer Near Me
Custody arrangements can be overwhelming and can take a toll on any parent. It can be challenging to determine the laws that apply to your case. The situation is even more complicated if there are suicidal allegations against you or the other parent. An experienced family law attorney can help you navigate this intricate process. Your attorney will provide the valuable advice you need to win custody of your child.
You need someone to advise you about your legal rights and advocate in family court. If you need a family law attorney that you can count on, contact the San Diego Divorce Attorney. For decades, we have helped many people resolve child custody battles, even when suicidal allegations are present. Contact us at 858-529-5150 to speak to one of our attorneys.
