Mental Illness and Divorce: What can You Do?

It can be hard to handle issues of mental illness while going through a divorce or a child custody issue. If you know your suppose suffers from a mental disorder, it doesn’t automatically make them an unfit parent. However, if you have a spouse that has not been diagnosed formally or not receiving any treatment, it can affect the amount of time they should be allowed to be with your kids.

An accusation of mental illness is something that is taken extremely serious in court, which means you don’t need to bring it up lightly. If you are worried that your spouse is ill; however, it is a good idea to speak with an Aurora divorce law firm to learn about the legal options you have.

Taking Action

If you believe that your spouse may be mentally ill, don’t just make accusations. Also, don’t try to withhold your children from them. There are certain steps that have to be taken when you believe your children’s other parent is suffering from a psychological issue. You need to:

  • Tell your Aurora divorce law firm right away
  • Ask the court to order a psychological evaluation
  • Describe the events or actions that make you believe your spouse suffers from a mental disorder
  • Let your lawyer know if the person has ever seen a doctor for a mental illness
  • Consider whether or not the illness will put your child in harm’s way

What to Expect if a Psychological Evaluation is Requested?

If you are asking the court to require a psychological evaluation, you will have to provide evidence that shows it is necessary. Your judge is going to have the final say and they typically have 21 days to make a decision. If the judge orders an assessment, you may have to pay for part of it.

Talking with the Aurora divorce law firm you hire about this issue is the best way to ensure you fully understand your rights.

To learn more about mental illness and divorce, visit the Fay, Farrow & Associates, P.C. website.


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