Losing Custody Due To Mental Illness

In many instances, parents suffering from mental health issues may not seek help due to the fear of losing custody of their children. In some states, a parent may lose custody of their child, if they are suffering from mental illness.

According to studies, 70 to 80 percent of parents suffering with mental illness lose custody of their children. If the parent becomes hospitalized in a psychiatric center then the children are often raised by grandparents or other relatives. Those without extended family are placed in foster care.

In many instances, parents suffering from mental health issues may not seek help due to the fear of losing custody of their children. In some states, a parent may lose custody of their child, if they are suffering from mental illness.

According to studies, 70 to 80 percent of parents suffering with mental illness lose custody of their children. If the parent becomes hospitalized in a psychiatric center then the children are often raised by grandparents or other relatives. Those without extended family are placed in foster care.

In New York State, 16 percent of families who are a part of the foster care system, and twenty one percent of families who are receiving family preservation services, include a parent suffering from a mental health issue. According to studies, the biggest reason a parent loses custody of their child when he or she is suffering from a mental illness is due to the severity of the illness and lack of treatment. In New York State, the court takes into account the presence of other competent adults who are residing in the home. When there is no other competent adult residing in the home, oftentimes the child will be removed from the mentally ill parent.

Losing custody of a child is devastating, stressful and emotionally draining for many parents. This process may even exacerbate an individual’s illness, making it more difficult for them to regain custody of their child in the future.

If you are suffering from a mental illness and are seeking health services and are afraid you may lose your child, an experienced family law attorney can assist you and fight for your rights. It is important that you are aware of your rights when it comes to you and your child. If you are seeking custody or visitation of your child, contact the Suffolk County family law attorneys of McGuire & Peláez, PC. Ms. Peláez has practiced daily in the family court for more than 10 years as private and Court appointed counsel, and she will zealously fight for your rights as a parent. Contact our Long Island family law firm at (631) 348-1702.