Mental illness is on the rise in the United States and it is beginning to pose as an issue when couples who have children together are filing for divorce. Child custody on its own is often difficult and stressful, and adding a mental illness into the mix can be even more confusing. It is important to understand the implications and know the possible outcomes when dealing with mental illness in a child custody battle. At Simonetti and Associates, a Huntington divorce lawyer will be able to assist you throughout the entire process.
First, it is imperative to know the three different types of custody:
- Primary Custody: One parent has the child for the majority of the time, while the other parent receives scheduled visits, for example, every other weekend
- Sole Custody: One parent has the child all of the time, while the other parent either receives no visits or infrequent supervised visits.
- Shared/Joint Custody: Both parents share the child equally, or extremely close to equally.
When mental illness comes into play, the court must do what is in the best interest of the child. Therefore, it is possible that the court may revoke all custodial rights, or allow for supervised visitations, all based on the severity of the mental illness. If you suspect that your spouse has a mental illness, or he/she has a history of mental illness, it is essential that you let us know at Simonetti and Associates, so that we can prepare your custody case accordingly. An official diagnosis from a certified mental health professional is often required by the court in order for the court to take mental illness into consideration. Additionally, it is possible to subpoena a doctor or medical records, as well as to file a request for your partner to undergo a psychological evaluation.
At Simonetti and Associates, our Huntington divorce lawyer knows that divorce is a stressful and difficult process. Throwing in a mental illness into the mix can add even more stress and confusion. We are here to help and guide you through every step of the way. Our attorneys are here to make sure you understand everything about the divorce process and child custody, especially when mental illness is a presiding factor. Our office of divorce lawyers is located in close proximity to Huntington, and other major Long Island towns. We are here to help make the transition from being married to divorced as smooth as possible! For more information and to schedule a free consultation, please call us at 877-385-2560.