Can a Child Custody Arrangement Be Impacted by a Parent Getting Sick?

A serious illness can be devastating, especially if it is debilitating and lasts for a significant amount of time. Not only might you be required to take time from work as you recover — but being sick can make it very difficult to care for your children. If you or your co-parent develop a physical or mental illness, you might be wondering what will happen to your current child custody arrangements. While every situation is different, it’s important to understand the ways custody can be impacted by a parent’s illness.

When Can an Illness Impact Child Custody?

Under Maryland law, both parents have a right to take part in raising their children — and courts always strive to ensure each parent is actively involved in a child’s life whenever possible. When it comes to determining child custody matters, the best interests of the child are always first and foremost. Nevertheless, a parent’s physical illness, mental health condition, or disability is only relevant to custody matters if the child’s best interests would be negatively impacted.

If a parent becomes physically or mentally ill and can no longer care for the child, a custody arrangement may need to be modified. Although a minor illness like a cold or the flu would not affect child custody, a medical issue that would leave a parent incapacitated for a lengthy amount of time would likely require a custody modification. However, before a judge will weigh a parent’s medical condition against them, there must be clear and convincing evidence that the parent’s health issues would adversely affect their ability to parent.

Mental Illness and Child Custody

Custody cases involving a parent’s mental illness can be complex. It’s important to be aware that being diagnosed with a mental illness does not automatically bar a parent from having custody. But if a parent is unwilling to seek treatment, or a child would be placed in harm’s way by spending time with the parent, a court would take this into account when determining these issues.

Every mental illness is different, and a judge would carefully evaluate a number of factors in light of the best interests of the child. For example, they would assess the severity of the psychological condition, the available treatment options, and the parent’s willingness to obtain treatment. A judge would also consider whether the child would be in harm’s way when they are with the parent — this includes both physical and emotional harm. If a parent is prone to violent outbursts, has uncontrolled anger issues, or requires regular hospitalization, the court may decide in favor of the other parent.

However, if the mental illness is manageable, the impact on a child custody arrangement may be less severe. In fact, if a parent has been diagnosed with moderate depression, anxiety, or another condition that can be effectively managed with medication or therapy, there may be little or no impact at all.

Supervised Visitation

Except in extreme cases, a court is unlikely to terminate parental rights entirely. Rather, a judge might order supervised visitation if they deem it appropriate to protect the child from harm. Supervised visitation is monitored by a third party — and it allows the child to have meaningful contact with a parent while providing a layer of protection. It is often used in cases where a parent has a mental health condition that would interfere with their ability to parent and the child’s welfare would be at risk.

Modifying Custody Arrangements When a Parent Gets Sick

If a parent becomes ill, it may be necessary to modify the custody arrangements that are in place. It’s always best for parents to work together to reach an agreement regarding what is best for their child and family. In doing so, parents should be sure to discuss the following points:

• The expected duration of the illness
• How the illness and treatment impact the current parenting time schedule
• The limitations the parent will have in caring for the child
• The doctor’s recommendations
• What adjustments should be made to the parenting plan

The mediation process can often be helpful to facilitate healthy communication between parents when it comes to reaching an agreement regarding a custody modification. In the event parents cannot agree on how the custody arrangement should be changed, the parent requesting the modification may need to file a petition in court. In such cases, a judge would decide the case by evaluating the relevant evidence, listening to the testimony of the parties and any witnesses, and applying the best interests of the child standard.

Contact an Experienced Maryland Family Law Attorney

If you or your co-parent suffers from an illness that would warrant a change to the current custody arrangements, it’s essential to have a skillful family law attorney by your side. At the Law Office of Shelly M. Ingram, our Maryland family lawyers offer compassionate counsel and reliable representation for a wide variety of family law issues, including those involving child custody modifications. Contact us today or call (301) 658-7354 to talk to a divorce attorney about your case or schedule a mediation.