Health care conditions, both those of parents and those of children, may be factors in child custody decisions. Generally, in a divorce courts decide which parent should get custody using the best interest of the child standard. Courts consider a variety of factors in order to determine what kind of custody arrangement serves the child’s best interest.
Among those factors would be the health of the parents. If either parent or child has a significant medical condition that affects their life-style, it might play a role in determining custody.
What Types of Health Conditions Might Affect Custody Decisions?
Courts generally do not make permanent decisions about custody or modifying custody on the basis of medical conditions that are themselves not permanent. Courts simply do not favor the concept that a health condition, whether physical or mental, should lead to a parent’s permanent loss of custody if a parent otherwise qualifies to be awarded custody.
- All families face occasional periods of adversity due to a parent’s loss of a job or illness.
- Only if these instances of adversity become severe enough would a judge allow the issue to determine custody.
For example, the type of issue that might lead to a parent failing to qualify for custody would be chronic homelessness or a condition that leads to major behavioral changes on the part of the parent. Even in situations such as these, a court may make child custody or a change in custody temporary only. If the situation later develops into something that is more permanent, then a temporary arrangement might transition to a permanent arrangement.
Both mental and physical health conditions may affect a custody decision. One major consideration would be that it affects the parent’s ability to care for their child.
How Might a Court Assess a Parent’s Medical Condition?
An important consideration in assessing a parent’s medical condition for child custody purposes is the severity of the parent’s affliction. Related to that would be what options there are to treat the condition and the willingness of the parent to get treatment. Other factors would be considered as well.
If a parent were to develop a very serious condition without notice, e.g. the parent is placed in a medically-induced coma which incapacitates them completely, then a court might make an emergency order. This would happen if the non-custodial parent lives out of state and allowing them to assume custody would significantly disrupt the child’s life.
In a situation such as this, a member of the custodial parent’s family might seek a temporary guardianship of the child. It would last only until the custodial parent recovers.
However, if a parent’s medical condition renders them unable to care effectively for the child in their custody, a court might require a formal change in the custody arrangement. This might be more likely to happen if the child has to attend a new school in a new district that requires proof of the child’s residency in the other parent’s home.
Does the ADA Play a Role?
The Americans with Disabilities Act (ADA) requires that courts make reasonable accommodations for parents who suffer from severe medical conditions. If a court were to fail to obey the mandates of the ADA in making a custody decision, it would violate the law.
A parent who has a physical condition that might be perceived as having an effect on their ability to care for their child might want to prepare to present evidence such as the following:
- Proof that an accommodation allows them to fulfill their duties as a parent;
- Medical records that give an accurate description of the parent’s medical condition;
- Expert witness testimony about the condition and its effects might be advisable;
- The testimony of the parent’s medical providers;
- Evidence regarding treatments the parent has received, their effect as well as the parent’s prognosis.
It is important to keep in mind that the parent wants to stress the fact that they are able to parent, even with their medical condition.
The court’s main objective is to determine how the parent’s health issues may affect the well-being of their child. So the court may have questions concerning the following:
- The frequency with which the parent receives treatments and visits the doctor;
- Whether their medication or treatment has any negative effects;
- How the parent’s medical issue affects their relationship with their child;
- If there is any danger or risk of danger to the child.
A person with a significant health condition who is facing child custody proceedings should consult an experienced family law attorney. The attorney can help them enlist the help of expert witnesses who might be needed to help the parent make their best case.
What Other Factors Do Courts Consider?
Of course, the medical conditions of the parents are not the only factors that a court considers in making a custody decision. Other facts that are considered are as follows:
- The recommendations that a mental health professional makes after they perform a custody evaluation, if they are available;
- The child’s preference if they are old enough to express an opinion;
- Which parent was the child’s primary caregiver during the marriage;
- Each parent’s ability to provide a stable, loving home;
- Special needs of the the child if they have them;
- The child’s emotional ties to parents, siblings and other household members;
- Each parents’ ability to connect with support networks, e.g. extended family and the like;
- The child’s mental and physical needs;
- Whether there has been domestic violence in the home
Every state has its own laws regarding child custody, although there are similarities among them. The main goal always is to ensure that the best interests of the child are served.
What Kind of Custody Arrangements Are Possible?
There are a number of different possible child custody arrangements. One thing parents want to remember is that they can themselve negotiate an arrangement for themselves. If it serves the well-being of their child or children, a court is very likely to approve it and include it in the final divorce decree. If the parents cannot agree, then a court makes the decisions.
Possible custody arrangements are as follows:
- Joint Physical Custody: Joint physical custody means parents share physical custody of the child. The child splits time between the households of both parents, e.g. spending one week with one parent and the next with the other parent;
- Joint Legal Custody: Often, joint physical custody is awarded with joint legal custody. This means that parents make joint decisions about their child concerning such issues as education, religious upbringing, medical care and the like;
- Primary Custody with Visitation Rights: One parent may be awarded primary custody, or sole physical custody, and the other parent is allowed visitation rights. The parent with visitation rights may get visits on weekend days or some other schedule. Or the child might see the other parent every other weekend or for longer periods on school holidays. Visitation can be unsupervised, supervised, and/or virtual
If a parent is awarded primary physical custody, that parent may be awarded legal custody also but not necessarily. It is possible for one parent to have sole physical custody and joint legal custody with the other parent. Even if one parent has some kind of medical issue, any of these arrangements are possible depending on the exact nature of the parent’s condition.
What Are Some Examples of Medical Issues that May Affect Child Custody?
Mental health issues can have an impact on a child custody situation. For example, a parent might not be able to maintain a stable living situation and provide housing because of mental health and/or drug abuse issues. In a case such as this, a court probably would not grant this parent physical custody.
Or, a parent may not make the best decisions in their own life because of a severe mental illness. Again, this parent is not likely to make the best decisions for their child. This parent might not be awarded legal custody. If the mental health issue results in violence or other potentially harmful conduct, that would be a significant factor in a court’s decision on the issue of custody.
Do I Need the Help of a Lawyer for My Medical Condition and Child Custody Issue?
If you have a child custody dispute that involves the physical or mental health issues of you or the other parent of your child, you want to consult a family law lawyer. Your lawyer knows the law in your state and can help you make the best case for the custody arrangement you think would be best for your child.
Your lawyer can also represent you if you need a temporary change in custody or a temporary guardianship. Whatever your situation calls for, your lawyer can
