In recent years, greater attention is being paid to mental health. Whereas in the past, it might have been viewed as a clear negative in family law, people seeking help can be a positive. However, it does impact a family law case.
Divorce can be granted based on confinement in a mental hospital
A person being confined in a mental hospital is grounds for divorce. The person who is filing because of the other party being confined in a mental hospital can do so whether it is a state or private facility. They must have been in the facility either in Texas or in another state for a minimum of three years. The court will also gauge the prognosis of the person who was confined in the mental hospital. According to the law, the disorder itself is imperative. If it is deemed to be so severe that the person is unlikely to adjust after being released or a relapse is likely, then a divorce can be granted because of it.
A child’s best interests and a mentally ill parent
This issue can also impact children, whether the parent who was confined to a mental health facility can have possession and what the parameters are. In general, the child will have contact with a parent who puts the child’s best interests first. The child must have a stable, safe and nurturing environment that is free from violence. The parents are expected to share the duties to raise the child. If a parent is dealing with a form of mental illness that can hinder the child’s development, that will obviously impact the case.
For cases in which mental illness may be an issue, professional legal advice is key
Mental illness in a family law case can be a complicated issue. Because this is so difficult to navigate and people are concerned about their own welfare, a child’s welfare and how the other parent will handle their daily activities as they navigate their mental health, it is wise to have professional advice from the start. For a parent who is suffering from mental illness, it is also important to have guidance throughout the process. This is crucial to try and achieve an acceptable result.