A mother or father could be the most caring, well-adjusted, affluent, and safe parent a court has ever seen, and yet their custody hearing may still be affected by something that can be completely out of their control: their health. Physical health is always taken into account when a judge makes a decision regarding custody. If you are going through a divorce or a custody battle, a San Jose custody attorney can help ensure that the court makes the right decision.
What the Court Is Looking For
Most custody decisions can be made outside of the courtroom, but in either case, whether you get along well enough with the other parent that custody can be solved amicably, or if a judge is the only solution, you need an attorney to advocate on your behalf to show your qualities as a parent. Family courts always choose the custody arrangement that the court believes is best for the child. But what does this mean? What factors does the court analyze when it comes to the best interest of your child? Among these factors is each parent’s physical health. But does any health issue count as an undesirable factor? After all, only four to three percent of the world’s population has no physical health issue, according to a recent study.
Having any sort of major medical or physical ailment can seriously harm that parent’s chances for getting the custody arrangement that they want. For example, a mother with cancer may not be able to provide the same sort of stable care for their child that the other parent can, in the eyes of the court. A father with a long-lasting traumatic brain injury may not be able to make proper decisions for their child’s care, remember when to pick them up, or accomplish other tasks as well as the mother who does not have a traumatic brain injury. What the court is looking for, in some cases, are differences between the parents that makes one stand out from the other as more qualified, and sometimes this means looking at each parent’s physical health.
Mental health can also play a large roll in a custody decision. Parents afflicted with PTSD, bipolar disorder, depression, anxiety, and other mental disorders may also be at a disadvantage for winning their custody case. However, an experienced attorney can help show that the mental, or physical, ailment has not affected the mother or father’s parenting abilities in the past, and will not do so in the future. Just like physical health issues, mental disorders are very prevalent. In fact, 26 percent of American adults suffer from a diagnosable mental disorder in a given year, according to Johns Hopkins.
Reach Out to a San Jose Custody Attorney Today for Help
Whether you have had a physical or mental health complication for many years, or the injury or illness is something new, you need to contact an attorney for help in this custody matter. Call the experienced Santa Clara County child custody attorneys at the office of Gemma V. Reyes today at 408-292-6289 to schedule a free 30-minute consultation.