Can an Adverse Medical Diagnosis Interfere with Custody? | IL

 Posted on September 15,2024 in Divorce

In some cases, a parent is looking for any reason to have the court give him or her primary custody (parenting time and decision-making authority) while the other parent receives visitation (known as parenting time in Illinois). Custody decisions can get contentious and messy, and it can take months for a judge to make a final decision. Parents have even been known to use underhanded tricks, so they will be considered the better parent by the court. One parent bad-mouthing the other to the children is so common it even has a name - parental alienation.

One parent may magnify the smallest issue to gain an advantage in the custody decision. This can include a parent’s illness, among other reasons. On the flip side, a parent who has recently been diagnosed with cancer or another serious medical issue may recognize they are not able right now to be an effective parent. This could result in the other parent being given primary custody, at least for the time being. For parents whose spouse is using an illness to gain primary custody, experienced legal assistance is vital. A Wheaton, IL child custody attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC is ready to fight for you, your child, and your rights.

When Could a Parent’s Illness Impact Child Custody Decisions?

A serious illness is devastating and can make it difficult to care for a child. Since the best interests of the child are the overarching theme in determining child custody, the issue that needs to be decided is whether and how the parent’s illness would affect the child. The physical illness, mental health condition, or disability of one parent is only relevant when the child’s health or well-being is negatively impacted. Minor illnesses do not affect child custody. However, an illness that will incapacitate a parent for a lengthy amount of time could affect custody.

The mental illness of one parent can be a complex issue as it relates to child custody. Being diagnosed with a mental illness is not an automatic bar to custody unless the parent refuses to seek treatment, or the child could potentially be harmed by the parent. The severity of the condition, treatment options, and whether the parent is willing to obtain treatment will all factor into whether the court determines the child would be at risk.

For example, a parent with a mental illness who refuses to consistently take medication, who is prone to violent outbursts, or who requires regular hospitalization could result in a judge awarding primary custody to the other parent. Supervised visitation could even be ordered if the judge believes the child might be at risk.  A physical illness would be judged in a similar fashion. If the illness resulted in the parent being regularly hospitalized, or if the treatment for the illness made the parent very ill and unable to care for the child, then this would factor into a custody decision.

Custody Modifications Due to a Parent’s Illness

If the illness arises after custody has been decided, a parent may ask for a custody modification. Depending on the situation, this modification might be temporary or permanent. The following criteria will be considered when the court is asked for a custody modification due to one parent’s illness:

• How long is the illness expected to last?

• How will the treatment for the illness impact the current parenting plan?

• Will the parent who is ill have any limitations in caring for the child?

• Does the doctor treating the parent have specific recommendations?

Contact a DuPage County Child Custody Attorney

If a parent suffers from an illness that might warrant a change to the current custody arrangement, it is crucial that you have an experienced Wheaton, IL child custody attorney from MKFM Law advocating on your behalf. When you choose [title]], you can be sure you will receive knowledgeable, compassionate legal assistance from a firm that serves family law clients at their offices in Kane County and DuPage County. To schedule an initial attorney meeting, contact Mirabella, Kincaid, Frederick & Mirabella, LLC at 630-665-7300.