In criminal cases, insanity can act as a legal defense to certain criminal charges. Different states have different laws and certain factors a judge should consider when issuing support awards or determining physical custody arrangements, but generally mental illness plays the biggest role in support and custody rulings.
Specifically, mental health issues can interfere with your ability to support yourself or your family. A judge may award you additional alimony or a larger share of marital property or assets if your mental health prohibits you from working or makes it difficult to hold a job. No single factor is determinative in a custody case.
A judge will consider the above factors and many more. Parents with more severe mental health issues may face greater barriers to obtaining custody.
Under extreme circumstances, a mentally ill parent may lose his or her parental rights. Most individuals who have well-managed mental health issues will find that their mental health has little impact on a divorce.
For more questions about the impact of mental health issues in your case, contact a local family law attorney for advice. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.