In California, child custody is determined based on the best interests of the child. When a parent has mental health issues, the court will take this into consideration when making a custody determination, but the mere fact of having a mental health issue does not automatically preclude a parent from being awarded custody.
The court will consider a variety of factors, such as the nature of the mental health issue, its severity, and how it affects the parent’s ability to care for the child. Additionally, the court will also consider any evidence of how the parent’s mental health issue has impacted the child’s well-being or safety.
In some cases, the court may require the parent with mental health issues to undergo a mental health evaluation, and may appoint a mental health professional to assess the parent’s ability to care for the child. The court may also order the parent to follow a treatment plan, such as attending therapy or taking medication, in order to ensure the child’s well-being.
It is important for the parent with mental health issues to provide evidence to the court that they are taking steps to manage their mental health and can provide a safe and stable environment for the child. This can include providing evidence of treatment, medication, therapy, and support systems.
Ultimately, the court’s decision will be based on what is in the best interests of the child, and this will vary depending on the specific circumstances of the case. It is advisable for the parent with mental health issues to seek the guidance of an experienced family law attorney to ensure their rights are protected and to present the strongest case possible to the court.