Divorce creates conflict for children that parents must address in order avoid or minimize any lasting negative effects. Promoting a safe place for children to talk about their fears and concerns surrounding divorce is an important part of that effort, but when part or the primary reason for the end of the marriage is mental illness, a parent may be incapable of supporting his or her child.
Some parents with mental illness may pose a threat to family members, which adds another layer of complication when deciding the best way to handle the divorce with children. Parents naturally want to do what is best for their children, including protecting them from sources of potential harm, but when that harm is the other parent, the most appropriate approach is not always clear. Mental illness encompasses a wide array of conditions that vary drastically in their manifestation and risk posed to others, but more often than not, it does directly affect a person’s ability to effectively parent. In extreme cases, a parent can harm the child to get back at the spouse who wants to divorce, which happened when a Darlington woman killed her two children after learning her husband filed for divorce. Mental illness is a tricky issue for courts to evaluate in divorce, and a discussion of how it could affect child custody and spousal maintenance will follow below.
Mental Illness and Child Custody
Parents going through a divorce are understandably stressed about what the final child custody arrangement will look like. Some parents, thinking this will make their position stronger for primary responsibility, will claim that the other parent is mentally unstable. This type of allegation will not only inflame the level of conflict in the divorce generally, and potentially provoke the judge to order a psychiatric exam, but also cause extra expense and delay. It can also alienate the child from the parent with a supposed mental illness, as the child is likely to view this parent as less capable. Consequently, this type of claim should not be leveled unless there is a legitimate basis for it, as well as documentation of the problematic behavior.
If there are concerns about the parent directing violence toward the child or committing neglect or abuse, mental instability must be brought to the court’s attention. In any child-related determination, the main focus is the best interests of the child, and any factor that would risk the child’s welfare will get serious consideration. However, judges want to keep both parents involved to the fullest extent possible. To that end, in order to keep the mentally ill parent involved in the child’s upbringing, a court could choose to give him or her legal custody (decision-making authority), but limit or eliminate physical custody (visitation). The type and severity of the mental illness and its specific impact on the parent’s fitness will determine what type of restrictions are necessary or appropriate.
Spousal Maintenance
In addition to child custody implications, mental illness could mean the other spouse becomes responsible for providing spousal support or maintenance. Indiana law specifically authorizes awards for spousal support if the court finds a spouse unable to generate self-support due to mental incapacity. The support would last as long as the incapacity, which could be permanent. Certainly, the available treatment, its effectiveness, and the mentally ill spouse’s willingness to comply with the doctor’s treatment plan will factor into how long spousal support would be appropriate.
Get Legal Advice
Divorce is complicated, but issues of mental illness add multiple layers of complexity that are hard to fully quantify. An experienced divorce attorney is an essential asset in this situation to protect your child’s interests. Christopher L. Arrington, P.C. has years of experience helping clients with complex matters, and getting them fair and workable divorce settlements. Contact the Danville law firm today to schedule an appointment.