There are some days; days that I feel that I am one step away from completely losing my marbles. The chaos, the lack of sleep, the stress, the ups and downs of life, it can be overwhelming. But I keep it together...for the most part. I know that these days are just that; one day ever so often in a life full of many days. I don't have a mental illness, and I have a spouse who can take the helm for a bit while I sort through my feelings, get some rest and move past the funk.
Mental Illnesses
And yet, there are parents out there who do struggle with mental illnesses. For some of these parents just making it through each day is a challenge; every day. For other parents with mental illnesses, medication can alleviate the symptoms and bring balance back to that parent's life; and the family's lives, for that matter.
Some of these parents have to find a way to cope with their illnesses and handle divorce and/or custody issues too. And other parents struggling with mental diseases are single parents dealing with everything on their own; work, finances, illness, parenting, medications. Many questions arise in these situations.
Custody Issues
For parents with severe mental illnesses the rate of losing custody is between 70 – 80%. Some states have laws that list mental illness of a parent as a condition for losing custody. The severity of the illness, combined with the symptoms of the particular mental illness, side effects from medications and the absence of another parent in the home are among the determinants for removing a child from the house of a mentally ill parent.
While all parents have a right to raise their children without government interference, the courts must weigh what's in the best interest of a child with a parent's mental disabilities and the impact on the family. If it's clear to the court that a child will be endangered by the parent's incapacity to care for his or her child, the court must remove the child from that parent's home and award custody to the other parent {in a divorce situation}, a grandparent or another competent adult.
In order for a court to determine what's in the best interest of a child, extensive mental health evaluations are ordered for the parent. The mere presence of a mental illness does not determine whether that parent will completely lose custody rights. In some cases, the court will find that based on all the evidence presented, a parent with a mental illness is still capable of caring for his or her children, at least some of the time.
A court's concern is that a child living with a mentally ill parent may suffer from neglect or abuse, be subjected to unsafe conditions or situations or be forced to take care of the parent instead of the other way around. Courts take these situations very seriously.
Due to these concerns of the courts and the high chance of losing custody, some parents in this situation may attempt to hide the illness or minimize the effects of the disease or the medications. Parents may even avoid needed treatment for mental diseases for fear of losing custody. While this is understandable considering how painful it would be to lose custody of a child, the parent must keep his or her focus on the child's safety and general well-being.
It's important to be forthright with any investigation, whether you are the parent being assessed; or the parent being evaluated is your spouse or soon-to-be ex-spouse, a friend or a family member. Again, the focal point must always be the best interest of the child.
The Scoop
No matter the determination or outcome of any case involving a parent and/or child with a mental illness, it's a heartbreaking situation; and not one taken lightly by the courts. Termination of parental rights is final, but a custody situation is changeable, depending on circumstances. For instance, if a parent seeks treatment, becomes stable on medication, etc. the parties could revisit the custody arrangements, if so desired.
No matter how you look at it, a case involving a parent suffering from a mental illness is never easy for anyone involved. Over and out....
Anna
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