Mental health can have a direct effect on child custody decisions. Generally, individuals can have mental health issues and have them be for the most part irrelevant to custody determinations but the key issue is whether the parent gets the treatment they need to maintain stability for their child.
In E.E.H. v. C.D.H., 2017 Pa. Super. Unpub. LEXIS 3044 (2017), the Court heard multiple days of testimony and analyzed each of statutory factors under Section 5328(a); based on testimony and evidence presented, court found Father is unable at present time to form nurturing relationship with Child or care for Child’s emotional needs; more troubling to court was extent and nature of Father’s mental health; Father’s psychologist conceded Father’s personality disorder poses danger to Child’s emotional wellbeing, Child should be older and more mature before relating with Father; (2) custody order permits Father to send cards and gifts to Child; but court awarded Mother sole physical of custody of Child because Father suffers from personality disorder; any contact between Father and Child would burden Child significantly given her age, emotional state, and immaturity; both psychologists testified that even supervised custody would be detrimental to Child at this time; court’s order allowed for reevaluation after Child’s twelfth [*6] birthday, to determine if she can reunify with Father).
When an individual is so mentally disturbed that it effects behavior and parenting, the Court will act to protect the child. The bottom line here is that mental illness can be meaningless if it is treated and does not affect the parent’s behavior toward the child. However, this is judged on a continuum – with the more serious the illness and the more dangerous the behavior, the more likely the Court will act to reduce custody or supervise custody of the child.