Can a Parent Lose Custody Over Mental Health Concerns in Washington State?

In recent years, discussions about mental health have become more open. Nearly every industry has taken steps to recognize the impact of mental health on job performance, relationships, physical health, longevity, and more. As conversations around the importance of mental health continue to unfold, it’s worth assessing the prevalence of these struggles. According to the National Institute of Mental Health, “It is estimated that more than one in five U.S. adults live with a mental illness (59.3 million in 2022; 23.1 percent of the U.S. adult population.” The term “mental illness” encompasses a broad range of conditions that range from mild to severe diagnoses. While some people with mental health challenges are able to receive the support, medications, or therapy they need to manage their symptoms well, others can struggle to care for themselves or others due to the severity and frequency of their symptoms. 

As a separated parent, your child’s needs are your top priority. However, if you are concerned about your child’s other parent’s mental health or overall parental fitness—especially if you worry that this person cannot provide a safe and secure environment for your child—it’s worth discussing your options with a highly qualified and caring Seattle child custody lawyer. Or, if you are a parent who is afraid of losing custody because of your mental health challenges, partnering with a skilled and empathetic family law attorney can help you understand your legal rights during this vulnerable time. As much as possible, Washington state courts strive to put child custody arrangements and parenting plans in place that allow the child to forge meaningful relationships with both parents. Parental mental health concerns can affect these determinations, so it’s important to take a look at how parental mental health affects child custody cases in Washington and why enlisting the guidance of a supportive and dedicated Seattle family law attorney is the best way for you to ensure that your child’s best interests and safety remain protected at every opportunity. 

How Washington Courts Assess Parental Fitness

First, it’s important to understand how the Washington court approaches parenting plans and child custody cases. A family law judge’s primary goal is to protect the best interests of the child. As they consider each case, they will use several factors to determine an arrangement that best supports and secures the child’s safety and well-being. For example, a judge will look at the child’s physical and emotional health, the stability of each parent’s living environment, the quality of the relationship the child has with each parent, as well as any other relevant factors. Ensuring that the living environment of each parent is safe, nurturing, and stable is essential, which means that the judge will take a close look at each parent’s financial situation, home environment, and mental health. When assessing a parent’s mental health, the court is not aiming to judge or shame the parent in any way. Instead, the court simply wants to make sure that the parent’s mental health struggles will not endanger the child in any way. It’s important to understand that the court’s decision does not have to be permanent. If the parent with mental health challenges receives the treatment they need and is able to demonstrate the ability to care for the child and provide a stable and safe home environment, the court can modify the terms of the parenting plan and child custody arrangement.

When Parenting Evaluations For Mental Health May Be Necessary in Washington State

The court recognizes that it cannot make assumptions about a parent’s mental health based solely on accusations by the other parent. Unfortunately, highly contentious divorces can prompt one party to leverage baseless or false allegations against the other in order to secure a more favorable outcome for themselves. While the court will acknowledge concerns about a parent’s mental health that arise during the proceedings, the judge has several tools that can help to gather further information before making a decision. For instance, parenting evaluations can be used to gain valuable insights into someone’s parenting capabilities, strengths, and weaknesses. The court may order a parenting evaluation for any number of reasons, one of which stems from significant concerns about the child’s well-being while under the care of the parent in question. Below are just a few things you can expect during a parenting evaluation in the greater Seattle area. 

A Standardized and Organized Process

Washington state has established several standards for conducting parenting evaluations, which are outlined in WAC 246-924-445. These standards are used to ensure a fair, consistent, and thorough evaluation process so that the information can be used to inform child custody decisions. Parent evaluations must be conducted by qualified professionals, and the assessment must be thorough and comprehensive (i.e., incorporating interviews, observations, and other relevant information). 

Interviews and Questionnaires

A major component of a parent evaluation is participating in an interview with the qualified evaluator. You can expect to be asked questions about your parenting practices, family dynamics, and your personal strengths and challenges. You may also be asked to complete questionnaires that assess your attitudes toward parenting and your skills as a parent. 

Observations 

Parenting evaluations also involve some amount of observation. For instance, the qualified professional may observe you interacting with your child. They will look at how you and your child communicate, how your child acts while in your presence, and the parenting techniques you use with your child. 

Home Visits and Background Checks

In some cases, especially those where substance abuse or mental health concerns may be involved, the evaluator may visit the parents’ home to assess the safety and suitability of the living environment. If the living space is hazardous or inappropriate for children, the evaluator will use this information when compiling a report for the court. Additionally, the evaluator will likely conduct a background check on the parent to make sure that they do not have a criminal history or other red flags that may indicate that they are unfit to care for their child.

Submitting the Final Written Report and Recommendations

Once the evaluator has gathered enough information, they will prepare a written report and submit it to the court. This report typically includes their observations, findings, and recommendations, which the court can then use to inform its decision.

The Impact of Mental Health on Child Custody and Parenting Plans in King County

If you have a diagnosed mental health condition, you may worry that this will negatively affect your child custody case. Before you assume the worst, it’s important to recognize that Washington judges always prioritize the best interests of the child. This does not automatically mean that a parent with documented anxiety or depression will not be able to spend time with their child. Instead, the court will assess the severity of the parent’s condition to determine whether the symptoms will interfere with their ability to provide consistent and safe care for their child. Every case is different, and the judge will look closely at the specific details of each situation to arrive at a decision that best protects the child. Here are just a few of the questions that a judge may ask when assessing a case involving parenting plans and mental health. 

Is The Parent Able to Care For The Child?

The judge will want to know that the parent can provide consistent care, a secure environment, and fulfill the child’s needs. If the mental health condition interferes with these abilities, the judge will use this information to influence their decision.

How Severe Are The Parents’ Mental Health Symptoms?

Mental health challenges range considerably in the nature and severity of their symptoms. For instance, a parent with manageable depression or anxiety will likely be able to care for their child despite the occasional challenges that arise from these conditions. 

How is The Parents’ Behavior Affected by Their Symptoms?

Since the court cares most about the safety of the child, the judge will look at how a parent’s mental health condition impacts their behavior. If the parent exhibits any concerning behavior or poses a risk to the child’s safety, the parenting plan and child custody arrangement will be affected in order to keep the child safe.

Is The Parent Receiving Treatment?

Ultimately, the Washington court wants a child to have the opportunity to forge strong relationships with both parents. Even if a parent’s mental health struggles prevented them from caring for the child for a period of time, the court will reconsider its position if the parent can demonstrate progress and a commitment to undergoing treatment in order to become more stable and safe. Gradually, the parent may move from supervised visitation to joint custody with continued progress.

Get Started With Seattle’s Go-To Family Law Firm Today

If you are struggling with a child custody dispute that involves a parent’s mental health, the highly experienced and caring team of family law attorneys at the Hemmat Law Group is ready to support you. We believe in working closely with every client we serve to understand their specific needs and goals, empowering them to make informed decisions with greater clarity and confidence. Please get in touch with our Seattle, Washington office today by calling (206) 682-5200 to discuss your concerns with a trusted and compassionate child custody and family law attorney.