Yes, a parent’s health can influence child custody decisions. The court looks at numerous factors when making a custody determination, and the mental and physical health of the parents is a key component. The parent’s age may also be considered.
Generally, this just relates to the type of care that the parent can provide for the child. When the court has to make a custody decision and issue an order, it will look out for the best interests of the child. The court is going to try to find a safe and healthy living situation.
For instance, a parent who is dealing with a chronic illness that leaves them frequently hospitalized may not be the best fit to receive full custody of a young child. If a health emergency meant that the parent was unable to care for the child, it could put the child’s own health in jeopardy.
Does this mean you cannot get custody rights?
No, it does not mean custody is impossible. The courts do often seek to keep both parents involved. But they also have to consider the realities of the situation.
For instance, the court may be more likely to award joint custody in this type of situation. If one parent does become hospitalized and cannot care for the child for any amount of time, the other parent can step up and take on that role.
Additionally, visitation could be ordered. If a parent has physical or mental health issues that mean they cannot care for the child on their own, they may still be allowed to see their child on a consistent schedule, maintaining their relationship and staying involved in their life—even if their ex technically has full custody.
Addressing custody decisions
Age and health are just two components that courts may consider when addressing child custody rights. While going through this process, it is very important for parents to know exactly what legal steps to take.
