Can I Lose Custody for Depression and Anxiety?

Mental Illness Effects on Custody Cases and How to Get Help

Child custody cases are always contentious and can become even harder to resolve when a parent has a mental health issue. Experiencing depression or anxiety doesn’t automatically mean a parent will lose custody. Still, the New Mexico family courts may consider the mental illness and other factors when evaluating a parent’s ability to care for their child in determining custody.

The mental health professionals at Icarus Behavioral Health New Mexico have witnessed many parents struggling with both a mental health condition and with custody of their children. We have often been asked by concerned parents: Can I lose custody for depression and anxiety?

To be clear: courts render custody decisions on whether a parent can care for their child – we can’t change that. But we can help a parent’s mental health improve through supportive outpatient services and counseling.

Having a mental health issue alone is not usually a reason to lose custody. The court looks out for the best interests of the child; each judge will make decisions to ensure the safety and well-being of children in New Mexico. If you’re facing a child custody battle, keep reading to learn more about how depression or anxiety can impact your rights.

Find a Family Law Attorney for Your Child Custody Case

Before we discuss the impact of mental and emotional health on child custody cases, let’s be clear. We are not lawyers or legal experts; we’re mental health professionals who have spent considerable time providing treatment for clients fighting for parenting time.

But we’ve also seen success stories – parents who lost custody but worked on their mental health condition in treatment. Some eventually regained supervised visitation and later joint custody.

You need to find a qualified, experienced family law expert. An attorney is the person who can advise you on the evidence you’ll need to prove that you can provide a safe environment for your child.

When Mental Health Issues Weigh into Child Custody Decisions

In New Mexico, district court judges oversee family cases. They evaluate many scenarios that can affect a child’s best interests. One factor is the mental and physical health of the adults seeking custody. While a parent’s mental health isn’t usually a deciding factor in a case, the court may give it serious consideration when:

• The mental health condition impairs the parent’s ability to provide food, shelter, or supervision
• A mental illness causes unsafe behavior
• The person is so mentally ill that they have frequent hospitalizations, which impacts a home’s stability

The court may ask a licensed social worker or mental health professional to evaluate the parent’s mental health before making custody decisions.

Read on to learn how some common mental illnesses could impact legal cases involving children.

Depression or Anxiety

Anxiety and depression are common mental health conditions. They don’t usually determine the outcome of a custody battle on their own. The judge will assess the severity of a parent’s symptoms, their ability to care for the child, and whether they can provide a safe, stable home environment.

The court may look favorably on a parent actively engaging in treatment and following medical advice for the condition. In fact, a judge may be impressed with this proactive approach to care for one’s mental health.

Bipolar Disorder

Because bipolar disorder may lead to severe mood swings and emotional instability, the courts often take a closer look at the ability of the parent to take care of the child. However, mentally ill parents with bipolar disorder have proven many times that they can keep their child safe and secure with proper treatment, including therapy and medication management.

The courts could become more concerned with parents who don’t maintain their mental well-being, make sound decisions, or protect their child. In all cases, the courts will always default to deciding based on the children’s physical and emotional safety.

Substance Use Disorder

Substance abuse may be one of the most serious mental health concerns in a custody case. Addiction to drugs or alcohol can affect a parent’s judgment and may make them unable to provide proper care. The legal system will consider whether drinking or drug use will affect a parent’s ability to maintain a healthy, safe environment for the children.

If the parent refuses help or won’t admit they have a problem, the court will look out for the best interests of the child. However, a parent in treatment, attending support groups, and working to do better will likely fare better in a child custody case.

Factors That May Make a Difference in Child Custody Cases

Besides whether the parent being challenged in court has a mental illness, here are some other considerations that a judge may weigh:

Severity of the Mental Illness

The courts will consider mild or well-managed symptoms when determining a parent’s ability to support and provide for a child. Parents who proactively manage their needs present themselves as capable of looking out for a child.

Treating the Mental Health Problem and Substance Abuse if Present

When a parent has a mental health condition, getting treatment is critical, as it is evidence of emotional maturity. Conversely, avoiding help will adversely affect a custody case, especially if the judge believes the parent’s condition may endanger the child. If a parent has failed testing before or is being evaluate for substance abuse, drug tests can affect custody as well.

How Mental Illness Impacts Parenting

Evidence shows that mental illness negatively impacts parenting skills, which could become problematic. However, parents with a mental illness who can still manage parenting capably will usually at least retain partial custody rights.

Home Environment Stability

Severe mental illness often leads to loss of income and shelter. On the other hand, seeking treatment proves that the parent can manage their condition and look after a child.

Ability to Co-Parent and Communicate

The courts might also weigh whether the parent with a mental illness can communicate and cooperate with the co-parent in the interest of providing a better life for the child.

These are only guidelines. Each judge will consider numerous things when deciding which parent will win the legal battle.

Treatment for Anxiety or Depression Supports Better Parenting Skills

Treatment for a mental illness like depression or anxiety has a side benefit – improved parenting skills. The techniques to treat a mental disorder help parents regain emotional balance and become more consistent. Parents in therapy also learn to be present, offering a way to maintain better relationships with their children.

As the mental illness improves, so may a parent’s ability to:

• Manage stress in life
• Maintain daily routines
• Create a calm, safe living environment
• Maintain emotional regulation
• Help their children solve problems

Parents in therapy become healthier people and role models who display resilience for their children.

Health Insurance Covers Treatment Costs for Mental Illnesses

If you’re a parent with a condition that jeopardizes your right to raise your children, seeking help could affect whether you succeed in the courts. Your health insurance plan provides mental health coverage, allowing you to improve your condition and increase the odds of winning your custody fight.

Typically, insurance covers the costs of therapy, medication, stress management, and other treatment needs. If you are uncertain about your coverage, feel free to place a quick, confidential call to our admissions team. We will gladly help you learn what your insurance plan covers and minimize your out-of-pocket costs.

Our customized programs address each client’s unique needs, helping everyone get their life back on track.

Icarus New Mexico Can Help with Depression or Anxiety

You and your children deserve a calm, happy life. We can help you end your worry about your parental rights and custody issues by supporting you with a therapeutic program at Icarus New Mexico. We’ve supported countless parents with depression, anxiety, and mood disorders get their lives back on track and impress the New Mexico family courts.

Call us today if you’re ready to make lasting changes and learn how to manage your mental health better. It’s free and confidential.