Child custody is a significant issue during a divorce involving children. The judge considers several factors to make a decision that is in the child’s best interest. History of drug abuse, domestic violence records, and criminal charges are some of the considerations. However, the factor that can damage your custody case entirely is allegations of suicidal behavior. This is not to mean that you will automatically lose custody but will significantly impact the outcome of the case.
Accusations of Suicidal Behavior and Their Impact on Custody Cases
The dent accusations of suicidal behavior put in a custody case are severe whether or not the allegations are substantiated. If you or your ex-spouse has had suicidal ideation, it means you are not only a danger to yourself but to the lives of those close to you, including your children. It is proof of your inability to offer the child a safe and stable environment. Therefore, the court evaluates your case’s circumstances and issues a verdict that ensures the child’s best interest, including withdrawing or giving sole custody to the other parent. The court does this way because the priority is to do what is best for the child and, in this case, their safety. You could commit suicide while the child is watching or be tempted to harm them deliberately or not, and this could spell a traumatic future for the minor. The child finding a parent's dead body can also damage them physically, mentally, and emotionally for decades.
You should know that an imagination or thought is different from a suicidal attempt. If you attempted to take your life, there is evidence against you, and chances are, the court will take away custody. However, if the allegations are of suicidal thoughts, you have a fighting chance. There are instances when the court has awarded custody to parents with mental health issues, including suicide attempts, like in the 1994 case of Voelker vs. Voelker. Still, you must furnish the court with evidence of undergoing treatment or any other measures that show you are working on your mental health problems. The judge looks at if you are taking medication and undergoing therapy. Again, the court considers the progress you are making in your recovery.
If you have made significant steps to improve your mental condition, like seeking treatment, these demonstrate your commitment to becoming a better, more accountable, and loving parent to the court. The court can make a favorable decision, and once you recover, they can adjust the parenting plan to be more accommodating. Therefore, when appearing in a custody case where your mental health problems are some of the factors the court is considering, you must provide concrete proof that you are making efforts to recover for a favorable decision.
When preparing for a custody case where you face suicidal thought accusations, you need an experienced family law attorney in your corner to prepare the evidence that will give you a chance to have custody. You need proof of mental stability; otherwise, the allegations could lead to the other parent receiving sole custody. The court considers several aspects, but most of them cannot damage your case in the manner a suicidal attempt accusation does.
For instance, domestic violence issues are taken seriously during custodial cases. Nevertheless, it will not have a massive adverse impact on a case like a mental illness accusation. The same case applies to drug abuse. They can hurt your case, but if you show you have undergone rehabilitation and are no longer using, this will not be a reason the court denies you custody. Criminal convictions, especially non-violent ones, will not hurt your case because they do not in any way show you are a threat to the child’s safety or best interest.
Reasons Suicidal Ideation Accusations are Different from Other Factors
When the other parent alleges that you have suicidal thoughts or have attempted suicide in the past, the burden of proof shifts to you, and you must demonstrate that you are mentally stable. You should undergo a psychiatric evaluation, psychiatric care, counseling, and take psychotropic medication. Providing these medical records in court demonstrates that the chances of attempting suicide are minimal. However, you should know that seeking treatment comes from your pocket and can be expensive. In the meantime, the court allows parental visitation to spend time with your child.
Nevertheless, even if the court gives the order for visitation after assessment, if it is determined you are incapable of providing the child with a safe environment, the judge will grant another injunction limiting visitation or requiring supervised visitation.
You should know that these orders are modifiable if you prove to the court that you are undergoing treatment and improving daily. Mental assessment and treatment take weeks if not months, and you must work closely with a family attorney during this time to safeguard your child and ensure that you are present in their lives.
The Child’s Best Interest
Family courts in California consider the child’s best interest when deciding custody cases. However, while the criteria are admirable, they are open to different interpretations and only provide considerations judges should consider when deciding on child custody. So, there is no precise definition of the phrase ‘’child's best interest.’’ It is only a guideline that helps the court decide who is the most suited parent to care for the child and the steps that can be taken to provide the best care to a child. Every negotiation or custody agreement must happen with the objective of enhancing the child’s safety, psychological welfare, emotional growth, and happiness. A good custody plan satisfies the child’s needs.
Considering a Child’s Safety and Welfare
In many cases, the court will try to issue a verdict where the child can access both parents because, per the law, that is the child’s best interest. However, when the other parent accuses you of suicidal behavior, the court could deem you unfit for custody, whether lawful or physical. Even if you present evidence to demonstrate mental stability, the court will also consider your parenting levels, even when it means not acting in the best interest of the child.
When suicidal allegations have been brought up, the court should consider the child’s safety, welfare, and health when ruling on custody. The court will begin by asking if the child is unsafe in the presence of a parent. Safety is of absolute concern, and if you have previously attempted suicide or had suicidal thoughts, it is an indication you have a mental illness, and this could impair your capacity to care for the child. The court will analyze any danger you pose to the child and decide whether you can keep the child safe and be present psychologically and emotionally.
Parental Fitness
If you suffer from mental health issues, the court will evaluate your psychological and emotional fitness to have custody of the child. A history of suicidal ideation or attempts demonstrates to the court parental unfitness, and this could mean the court's decision in the custody case could be unfavorable. The family judge handling the case will look at the circumstances surrounding the suicide attempt and whether you suffer from other mental health conditions that pose a danger to the child. Even though these factors demonstrate parental unfitness, if you have taken measures that show you want to recover, like seeking counseling and taking, going for mental assessment, and taking medication, this demonstrates parental fitness and could lead to a favorable decision.
Suicide Attempt Impact on the Child
A child’s emotional well-being will suffer a significant dent if they witness you attempting suicide or are aware that you have suicidal behavior. When evaluating the adverse effects of the behavior on the little one, the court considers their age and maturity levels. It also considers your relationship with the child and how the behavior can increase the child’s stress.
When assessing the impact of suicidal thoughts on the child, the court considers the child’s perspective if they are mature enough to express their preferences on custody. However, even though the child’s wishes are crucial, the court must balance their wishes and best interests. Therefore, even though the judge will consider the child’s desires, they will prioritize their short-term and long-term safety when issuing a verdict.
Additional Factors the Court Considers When Determining the Child’s Best Interest
The statutory criteria focus on the child's safety, welfare, and health. The circumstances in each case differ, meaning that it is not necessarily true that you will lose custody when accused of suicidal thoughts. The ultimate goal is to decide for the child’s best interest. Other elements the court considers are:
- The opinion of other family members and mental health experts on your mental fitness
- Your capacity to provide the child with a safe and stable setting
- The physical and psychological wellness of the parents
- Proof of substance or alcohol abuse by parents
- History of domestic or family violence or child abuse
- The little one’s preferences depend on their age
- Chances of the minor adjusting to a new school or community
These factors help the judge decide whether to grant joint or sole custody. If sole custody is given, the parent with suicidal thoughts will only be allowed visitation, which can sometimes be supervised based on your mental situation. Again, the arrangement can involve one parent having full custody and sharing legal custody over the minor.
Recommendations When Dealing With Mental Health Problems During a Custody Case
In a child custody case, the child’s welfare is paramount. Therefore, if your spouse has a mental health issue, you will be concerned about the safety and well-being of the child in case the court gives them custody. Under these circumstances, you should consider talking to a family attorney who has represented parents who believe their ex-spouses have suicidal ideation. Similarly, if you are a parent undergoing mental issues like suicidal behavior, you should speak to a family defense lawyer with experience handling cases like yours for proper guidance.
If you are dealing with suicidal tendencies and the other parent brings up the issue in a child custody case, you will be wondering how the mental health factor will affect your case. You are probably assuming that the court will solely consider your mental health issue and assume all other factors, automatically giving the other parent sole custody. However, this is untrue. Mental illnesses are widespread nowadays and are common diagnoses. Just because you have suicidal behavior does not mean the court will take you as someone unfit or unable to care for your child unless your condition is severe or your past behavior warrants denial of custody.
Once your spouse makes these allegations, it is up to you to prove otherwise. To improve your chances of a favorable outcome in the case, your attorney will make the following recommendations:
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Visit a Licensed Psychiatrist or Psychologist for Assessment and Expert Opinion
When you possess suicidal tendencies, it will be a significant issue in your custody case, and seeking assessment and expert opinion from a licensed mental health professional will go a long way in strengthening your case.
Parenting is a challenging task even when you do not have mental health problems. Therefore, you should prioritize your safety and well-being if you will be a good parent. The best way to ensure your safety and welfare is to have an expert opinion on your condition and how it will affect your parenting responsibilities.
Your mental healthcare professional will assess your mental status, your ability to provide the necessary care for the child, and the most appropriate treatments to help you regain mental stability. You will not be the responsible parent you have always wanted if you can hurt yourself or the child. Therefore, you must demonstrate to the court that you are taking the necessary steps to regain mental stability.
If you can show the court that your treatment is working and that you have attained the mental stability necessary to care for the child, they will adjust custody or visitation orders in your favor. However, you must provide the court with all paperwork relating to your treatment, including medical records and a comprehensive report from your therapist. Mental health treatment takes months, so you do not have to prove to the court that you have completed treatment and recovered fully. The court is interested in your measures, including going for therapy, taking medication, and progressing in recovery. If the judge wants to allow visitation, they will consider the progress you are making in terms of the relationship you have with your child.
You should know that the court will monitor the progress of the treatment. When you are convinced you have overcome the suicidal behavior, you can request a hearing with the court where you present evidence of the progress you have made to enable the judge to adjust the parenting plan or schedule. Alternatively, the court can periodically review the progress of your treatment. Some judges will arrange treatment benchmarks based on your treatment. If you make significant improvements towards recovery, they will allow you more time with the child. If there is no progress, your time with the child will decrease.
When presenting proof of measures you have taken toward mental stability, you need the guidance of a family attorney because the process is technical. So, you are encouraged to have a competent lawyer on your side.
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Keep Your Suicidal Thoughts Confidential
You should seek treatment for suicidal thoughts even if your spouse does not know about it. Your safety and that of your child are paramount, which is why if you are developing the ideation, you should visit a professional. However, you should keep the treatment confidential. Let it be between you and your medical practitioner. Refrain from opening up to your family, friends, or ex-spouse or sharing on social media. During child custody cases, the court usually calls people to testify against you, including friends, family, coworkers, and the other parent. If it turns out all these people know about your suicidal tendencies, the chances of winning child custody are minimal.
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Open Up to Your Family Lawyer
A reputable family attorney is confidential. Therefore, once you are receiving treatment, you can open up to your attorney about your mental health struggles. However, as you open up to your lawyer, you should know that in family law, an attorney must report any safety issues to the court, like abuse or threat to a child's safety, like attempting suicide. When your attorney discovers your suicidal behavior before you seek treatment, the first step they will take is to find you a licensed therapist or psychiatrist for a mental evaluation and to begin treatment. Nevertheless, any information regarding your treatment should remain confidential. The only people that should know of your condition are you, your attorney, and your mental healthcare provider.
Find a Competent Family Lawyer Near Me
Suicidal accusations have an enormous impact on child custody cases. However, with mental health issues being rampant, a diagnosis or allegation does not make your custody case hopeless. The court considers your efforts toward mental stability and the little one’s best interest. If you are concerned your mental health issues will impact your case, do not hesitate to call the San Diego Family Law Attorney at 619-610-7425 to discuss your case.
