Winning A Child Custody Case When Your Emotional Breakdown Is Being Used Against You

24 October 2019
 Categories: Law, Blog

Getting divorced from your spouse has been hard, but after their emotional abuse triggered a breakdown, you simply had no other choice. Now, your spouse is trying to use the breakdown that they caused against you in a child custody case. This situation may seem hopeless, but it is far from it.

Mental Health May Influence a Decision

During a child custody case, the courts will examine the mental health of both parents to decide which is the most suitable for a child's needs. This process is one of the top five factors that courts use to decide parental suitability. And if you have experienced an emotional breakdown in the past, the court will know and your spouse will likely try to use that against you to win custody.

That said, courts don't automatically hold such situations against a parent without understanding the full extent of the situation. They understand that people may have moved on from their breakdown and are now stronger than ever. Others realize that mitigating circumstances exist that could cause emotional breakdowns. As a result, it is important to know how to present this information in a way that benefits you.

How to Manage This Type of Case

If you experienced emotional problems in the past and your spouse is trying to use that against you in a child custody case, there are a few steps that you can take. First, talk to multiple psychologists about your well-being and get them to state that you are strong and healthy. Doing so is a great way to make yourself seem more suitable as a parent and make custody with you in their best interest.

Just as importantly, you need to showcase why you experienced your emotional breakdown, particularly if your ex was to blame. Discuss negative ways that they contributed to your health, such as bullying, name-calling, and more. Focus on instances that other people have witnessed or which you have evidence of occurring, as your ex will simply deny these claims and try to make you look more unreliable.

You also shouldn't try to win this type of case on your own without legal help. Child custody lawyers understand how to win this type of case and can present you in the best possible light. Let them do their thing and you increase your chances of getting child custody and retaining it long after your court battle.