Often associated with soldiers involved in combat, PTSD also affects survivors of traumas such as car accidents, sexual assault and other traumatic experiences. While this can affect a court's decision on child custody, it does not mean you
will definitively lose custody
of your children.
How does PTSD affect parenting?
A child may take on the adult role to fill in for the parent with PTSD.
The child acts too grown-up for his or her age
. Some children do not get help with their feelings. This can lead to problems at school, sadness, anxiety (worry, fear), and relationship problems later in life.
Can a parent lose custody for mental illness?
If a parent's mental health issues demonstrably affect a child's safety, then they would likely affect the court's child custody decision.
Having a mental illness doesn't automatically disqualify a parent from getting custody of the child
. It could, however, influence the decision.
Can PTSD be used in court?
Courts have often recognized testimony about PTSD as scientifically reliable. In addition, PTSD has been recognized by
appellate courts
in U.S. jurisdictions as a valid basis for insanity, unconsciousness, and self-defense.
Can I lose custody for anxiety?
Infographic Text: Can mental health issues be used against you in a child custody dispute?
Yes
, but only if your condition affects your ability to parent your child. You are more likely to lose custody if your diagnosis has caused you to: Neglect your child's basic needs.
What is a PTSD episode like?
A PTSD episode is characterized by feelings
of fear and panic
, along with flashbacks and sudden, vivid memories of an intense, traumatic event in your past.
What should you not do with PTSD?
Communication pitfalls to avoid
Stop your loved one from talking about their feelings or fears.
Offer unsolicited advice
or tell your loved one what they “should” do. Blame all of your relationship or family problems on your loved one's PTSD. Give ultimatums or make threats or demands.
What makes a parent mentally unfit?
In California, an unfit parent is a
parent who, through their conduct, fails to provide proper guidance, care, or support to their children
. This can include not only a parent's actions but also a home environment where abuse, neglect, or substance abuse is present.
How do you prove a parent is mentally unfit?
- Testimony from counselors, therapists, teachers, coaches, and other people who are familiar with specific instances in which the parent displayed unfit behavior.
- School and medical records.
- Police reports detailing domestic violence.
What is considered unfit living conditions for a child?
There are four main types of child neglect which include:
physical neglect
, medical neglect, educational neglect, and emotional neglect. In physical neglect a parent will fail to provide for a child's necessities of shelter, food, and clothing.
What are the 4 major clusters of PTSD?
DSM-5 pays more attention to the behavioral symptoms that accompany PTSD and proposes four distinct diagnostic clusters instead of three. They are described as
re-experiencing, avoidance, negative cognitions and mood, and arousal
.
How do you prove PTSD in court?
To prove PTSD, a
plaintiff must have proper expert testimony
. Jurors will want to hear from a treating psychiatrist or psychologist and to see that the victim has undergone a significant course of treatment. An opinion from a specially retained expert is often not as convincing as the opinion from a treating physician.
Is PTSD brain damage?
Trauma and The Brain
Traumas like physical and emotional trauma often lead to PTSD which on average, affects roughly 8% of Americans. PTSD can typically be a lifelong problem for most people, resulting in
severe brain damage
.
Can you lose custody of your child due to depression?
It is possible to get custody of your children
despite a history of depression, but it is important to understand that the subject must be handled quickly and correctly.
What is a unfit parent?
An unfit parent is
one who is incapable of providing a nurturing, safe, and appropriate environment for their child when that inability puts the child at serious risk of harm
.
Can taking antidepressants affect child custody?
While taking antidepressants in itself should not preclude you from getting custody of your children, you may need to show the court that:
You are taking the medication as lawfully prescribed
. The depression is not interfering with your ability to parent.
