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Kaye, Lembeck, Hitt & French Atlanta Family Law Attorney

How Do I Prove My Ex Is Too Mentally Unstable to Act as a Parent in Atlanta?

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According to Time Wellness Georgia, about 20% of Georgia residents suffer from some kind of mental health issue. This means that when parents break up, there is a relatively high chance that at least one of them will be mentally unstable. Indeed, a bad breakup or divorce can trigger mental health conditions, causing instability to surface for the first time. What if you believe your ex is too crazy to act as a responsible parent? How do you prove this and protect your children from potentially dangerous situations? This is something you might want to discuss with an experienced child custody lawyer in Atlanta.

Judges Consider the Mental Health of Both Parents

First, you should know that the mental health of both parents is a factor that judges may consider when determining a child’s best interests. If there is reason to believe that your ex has some kind of mental health disorder that negatively affects his or her parenting, you should raise this issue with the court. During the discovery phase of your custody case, you may be able to request copies of your ex’s medical records. This might include an official diagnosis of a mental health disorder.

However, not all mental health disorders affect parenting abilities. For example, post-traumatic stress disorder (PTSD) might give your ex nightmares and flashbacks, but it may not have a serious effect on their parenting abilities. An eating disorder may also not affect parenting abilities.

That being said, people may exhibit different symptoms and behaviors when struggling with the same disorders. For example, someone with depression may be extremely high-functioning. This individual might have no trouble dealing with daily responsibilities, including work and parenting. On the other hand, another individual struggling with depression might refuse to even get out of bed in the morning. This causes obvious concerns for the well-being of the children.

What if My Ex Was Never Diagnosed? 

Many people with mental health disorders refuse to get treatment. If your ex was never officially diagnosed with a mental health issue, you might struggle to prove that this affects their parenting abilities. However, you may be able to convince the court to order your ex to submit to a mental health examination.

If your ex has a history of documented breakdowns and problematic behavior, the court might be willing to help you investigate this issue further. On the other hand, you cannot simply accuse your ex of being crazy on mentally unstable with no real evidence to back up these allegations.

Can an Atlanta Child Custody Lawyer Help? 

If you’re worried about your mentally unstable ex endangering your kids, you might want to speak with an experienced child custody attorney in Atlanta. With effective legal assistance, it might be possible to prove that your ex is unfit for parenting duties. To learn more about the potential next steps, contact Kaye, Lembeck, Hitt & French.

Sources:

 timewellnessga.com/georgia-mental-health-statistics/

childwelfare.gov/resources/determining-best-interests-child-georgia/

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