A parent’s emotional health is relevant to every custody and parenting time case. Judges assess each parent's mental health and ability to provide a child a safe and stable environment. The Judge’s intention is to factually identify a parenting arrangement that best serves the child's needs.

For example, a Tennessee higher court reversed a trial court's decision to award joint custody to a mentally ill father. The father suffered from major mental health issues, including panic disorder, obsessive-compulsive disorder, irrational fears, and extreme anxiety issues. The trial court determined that awarding custody to the father was not in the child's best interests, because his mental illness negatively impacted the child. Specifically, the father's phobias prevented him from taking his daughter on vacations, and he constantly searched the daughter's backpack and lunch box. See, Mental Health Issues in Divorce in Tennessee (https://www.divorcenet.com/resources/mental-health-issues-and-divorce-tennessee.html)

Emotional health also relates to various abuses of substances (legal and illegal). In Tennessee, a parent's drug or alcohol abuse can also affect custody. Habitual drunkenness or substance abuse can render a parent incapable of properly caring for a child. As a result, courts place limits on a parent's parenting time until that parent can ensure a child's safety. This may be through demonstrated emotional stability, drug free pot rehabilitation status, alcohol free and sobriety support, or addiction mental health treatment. In some cases, a court will order supervised parenting, which means the parent can only parent the child while a third party (a friend, grandparent, or social worker) is supervising to make sure the child is not in any danger.

Mental, emotional health and addiction are serious issues. Our firm can assist you in navigating these issues in your divorce, custody or modification proceeding. We provide you with resources, and fight for your rights in your divorce proceeding. Preserving a parental relationship is not destroyed by past conduct. Ensuring a future and that child’s relationship with you is important. Bowe and Associates, PLLC will fight for that future with you. Schedule a consult today if you need help or have questions.