Seeking mental health treatment does not automatically prevent a parent from spending time with their children. In New York custody and visitation cases, the court focuses on the child’s best interests, including the parent’s mental and physical health and ability to safely and appropriately care for the child. In fact, getting treatment can demonstrate that a parent is taking responsible steps to address their well-being and is generally a factor the court will consider favorable to a party’s position before the court.

The important issue is generally how a parent’s mental health affects their ability to parent, rather than simply whether they attend therapy or receive treatment. In some circumstances, a court may order supervised or therapeutic visitation when there are specific concerns about a child’s safety or well-being. Generally, mental health issues will not diminish your claims before the court unless they have manifested in a way that has a negative effect on the child or children at issue.

If you’re involved in a custody or visitation matter in Orange County or Sullivan County, New York, an experienced family law attorney can help you understand how your particular circumstances may affect your parental rights.