Will a Diagnosis of Schizophrenia or Other Mental Illness Affect Your Custody Rights?

Mar 22, 2018

In this week’s video I’m going to talk about whether schizophrenia or any other major mental health diagnosis gets in the way of you having custody of your children.  The answer is no.  Just because you are diagnosed with something like schizophrenia does not mean that you are automatically going to lose custody of your children.

I’ve had cases in the past where my clients’ have had episodes that were quite serious and led to the reaffirmation of a diagnosis of schizophrenia or a new diagnosis of schizophrenia and they ended up with custody of the children. But the key is this.  In these cases my client actually followed the directions of their mental health professional.

They took the medications, they showed up for their appointment and they did everything to the tee.  They were highly motivated to keep custody of the children.  And they still have custody to this day.  And as a matter of fact the agreement entered into by these parties and the orders turned in my the judge didn’t just require following directions for a year.  They required following directions for the long term.  And for my client is providing the other party proof every quarter that the client is following the directions of the mental health professional.

So don’t get discouraged if you have a mental health issue you can get custody of your children.  And if you are on the other side of it and have a parent who is dealing with a mental health condition, it is possible for them to get custody.  But I would want to ensure that the children are safe and are following the directions of their doctors.

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