Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.

Does mental illness affect custody orders in Kentucky?

On Behalf of | Jan 30, 2025 | child custody | 0 comments

Every parent wants what is best for their children. But what happens when mental health challenges make co-parenting difficult? Understanding the court’s perspective on mental illness and child custody is crucial.

Courts will always prioritize the child’s best interests

In general, mental illness does not automatically disqualify a parent from custody rights. The court will first examine several factors when making decisions:

  • The severity and stability of the mental illness
  • The impact of the condition on the parent’s ability to care for the child
  • The parent’s commitment to treatment and medication compliance
  • The availability of support systems for the parent and child
  • The child’s relationship with each parent

Kentucky courts encourage co-parenting when possible. They believe children benefit from having both parents involved in their lives as long as it is safe and in the child’s best interest.

The law recognizes that mental illness exists on a spectrum. A parent with well-managed depression or anxiety may still be capable of providing a stable home environment. On the other hand, severe untreated conditions that pose a risk to the child’s safety could limit custody rights.

In such cases, the court may order supervised visitation or require the parent to undergo regular mental health evaluations. These measures aim to protect the child while maintaining the parent-child relationship.

It is important to note that Kentucky courts do not make custody decisions based on mental health diagnoses alone. They look at the overall picture of each parent’s ability to meet the child’s needs.

Protecting your child’s well-being and your parental rights

When addressing child custody matters, it is important to consult with a knowledgeable attorney. A Kentucky attorney can be your advocate, helping you understand the legal landscape and work toward a resolution that benefits your family.

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Photo of Kenneth L. Gibson Jr.