Family Matters

Mental Health and Child Custody Decisions in Pennsylvania

It is no secret that mental health diagnoses have become more prevalent in the United States in recent years. Between 2019 and 2023, the number of mental health diagnoses increased nearly 40%. The reason for the increase is attributed to a variety of reasons including shifting societal attitudes and improved access to care. For those individuals going through a divorce or separation, the associated stress can understandably precipitate or exacerbate mental health issues. But how does one’s mental health impact a prospective custody case?  The parents’ mental health is among the 16 factors the court considers, but it’s far from the only consideration. The following is a closer look at how mental health can impact custody decisions in the Pennsylvania courts.

What the Court Considers

The Pennsylvania custody statute instructs the courts to consider mental health in child custody cases from a number of angles. Several of the custody factors either directly or indirectly address mental health considerations to ensure the child’s well-being is prioritized.

1. Mental Health of Each Parent and the Child
   Pursuant to the 15th custody factor, the court will assess both the mental health of the parents and, if applicable, the child. This includes looking at the diagnosis, the severity of the condition, and the treatment being pursued. The court wants to understand how any mental health issues could affect the parent-child relationship and the child’s development.
2. Safety and Welfare
   As emphasized by the recent passage of Kayden’s Law, the safety of the child is paramount in any custody case. The court will examine whether a parent’s mental health condition could compromise the child’s safety, emotional well-being, or developmental needs. If a parent’s condition poses a potential risk to the child, it may influence the custody schedule and whether the court imposes certain safeguards during a parent’s custodial time.
3. Treatment and Compliance
   How well a parent is managing their mental health condition is another key question. The court will look at whether the parent is actively seeking treatment, how consistent they are in following through with prescribed treatments, and the effectiveness of the treatment. A parent who is proactive in managing their mental health is likely to be viewed more favorably in a custody case.
4. Ability to Parent
   Another essential consideration in the custody factors is a parent’s ability to provide a nurturing, stable, and consistent environment for the child. Similarly, the court evaluates which parent is more likely to attend to the daily physical, emotional, developmental, educational, and special needs of the child. A mental health condition could potentially impact a parent’s ability to discharge these duties. The court will evaluate which parent is better equipped to maintain a healthy, supportive relationship with the child – especially if there are mental health concerns involved. 

Does Mental Illness Disqualify a Parent From Having Custody?

It’s important to understand that receiving mental health treatment does not automatically disqualify a parent from securing custody or visitation. Courts have increasingly recognized that people with mental health conditions can still be loving, responsible parents. The key consideration is how well the mental health condition is managed and whether it affects the child’s safety or well-being.

If a parent’s mental health condition is severe, untreated, or poses a risk to the child’s safety, the court may intervene to ensure the child’s protection. To determine the potential risk, the court may appoint a psychologist or psychiatrist to assess a parent’s condition or evaluate the entire family and provide additional insights.

What to do if there are Mental Health Concerns in My Case?

It is important to remember that mental health is just one of many factors that courts consider when crafting custody orders. While a parent’s mental health is an important issue, it is evaluated in the broader context of the child’s best interests.  In cases where one parent’s mental health is raised as an area of concern, it can often dominate the discourse. However, as long as the parent with the diagnosis is being treated by a qualified mental health professional and is diligently managing their mental health, it is not necessarily an impediment to custody or visitation. It is important to engage with an attorney familiar with the intersection of mental health and the family court system to ensure your assigned Judge adequately understands the nature and consequences of the mental health issues in your case. 

If you’re navigating a custody case and mental health is a factor, please consult with one of our experienced family law attorneys who can guide you through the process and help protect your rights and the well-being of your child.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.