Mental health and competency issues often play a pivotal role in Michigan family law proceedings. Whether in the context of divorce, custody disputes, or guardianship, the emotional and mental well-being of the involved parties can significantly influence outcomes.
Understanding the significance of mental health and competency in family law is critical for anyone facing these consequential issues.
How Mental Health Impacts Custody and Divorce Cases
If you are seeking child custody in a divorce and mental issues are a concern for either you or your spouse, you may be worried about how they may impact the court’s ruling. The truth is that, while courts do consider mental health issues when making custody decisions, they are not automatically a barrier to retaining and exercising parental rights.
If a parent struggles with a mental health issue such as depression, substance abuse, or severe anxiety and is not actively seeking mental health treatment, courts may be concerned about their ability to provide a stable environment for their children. However, if they are actively seeking treatment and managing their condition, it should not negatively impact the outcome of the custody case.
Competency Evaluations in Family Court
In Michigan family law, competency concerns arise when a mental health condition affects a person’s ability to participate in legal proceedings. To address these issues, courts may order formal evaluations.
Under Factor (g) of Michigan’s Child Custody Act, courts consider the mental and physical health of the parties involved. This means the court evaluates mental health in the same way it reviews physical health — by focusing on how each parent’s overall well-being affects their ability to care for the child.
A diagnosis alone does not determine custody; rather, the court looks at whether a parent’s mental or physical condition impacts their consistency, stability, and capacity to meet the child’s needs. Parents who actively manage their health, follow treatment recommendations, and maintain a nurturing environment typically demonstrate that they can fulfill their parental responsibilities, regardless of any condition.
Protecting the Best Interests of the Child
The guiding principle in all Michigan custody cases is the best interests of the child.
In instances where a parent struggles with mental health, custody cases are evaluated by the following factors:
- Safety and stability – Courts consider whether the parent can provide a safe, secure, consistent home environment for the child.
- Parenting ability – The way the parent’s mental health condition affects day-to-day caregiving and decision-making is a significant factor.
- Treatment efforts – If the parent can show that they are actively seeking treatment and working to manage their mental health concerns, it can work in their favor.
- Impact on the child – Courts look at how the parent’s mental illness influences the child’s emotional and developmental well-being.
Courts always strive to preserve healthy parent-child relationships whenever possible. However, when doing so places the child at too great a risk, they will favor the child’s best interests over all else.
Legal Guidance for Families Facing Mental Health Challenges
Understanding the relationship between mental health and family law can require skilled legal guidance. At Kraayeveld Family Law, we recognize the sensitive nature of family law cases and the high stakes they carry. Our attorneys can fight to protect your legal rights and your family’s future when you are facing a divorce or child custody battle involving mental health challenges.
We work with mental health professionals to gather the documentation needed to present a full and fair picture to the court and seek a favorable outcome.
Contact us today or call us 24/7 at (616) 383-2679 to schedule a consultation with our experienced Michigan family law attorneys. Our office is conveniently located at 990 Monroe Ave. NW Grand Rapids, MI 49503. Feel free to visit us for a case evaluation!
