Can a Parent’s Physical Health Impact Their Right to Custody?

In South Carolina, as in other states, child custody is determined according to what is in the best interest of the child. Each state has a similar list of “best interest” factors that it analyzes to see which parent, if either, is favored. One of the factors courts consider when deciding custody is “the physical and mental health of the parents.” What, exactly, is the impact of parents’ health in child custody cases?

Child Custody and Parents’ Health

Before we dive into a discussion of a parent’s health on their child custody rights, it is important to emphasize a couple of things. First, the custody factors are relevant because of how each of them affects the child’s best interests. Second, the factors are considered as a whole; no one factor, including a parent’s health, trumps the others.

A parent’s health is clearly relevant to custody considerations—to the extent that the health condition affects the ability of the parent to care for the child. One parent could be a triathlete in excellent health, and the other could have asthma, depression, high blood pressure, migraines, and diabetes. But as long as those health issues do not negatively affect the child’s best interests, they also should not affect the parent’s right to custody.

On the other hand, if a parent’s health limitations regularly affect their ability to care for their child, that does affect the child’s best interests. Let’s say that the parent with the list of medical conditions described above can’t meet the child’s needs because of those health issues. Perhaps they don’t take the child outside to play and exercise because of their conditions; instead, they leave the child alone in front of the TV daily for hours while they rest in a dark room. The parent lacks the energy to shop or cook, so the child eats lots of processed and fast food. In that case, the other parent might reasonably argue that the factor of “parents’ health” favors them.

How Will My Health Issue Affect My Custody Rights?

If you are struggling with a health issue, the last thing that you need to compound that stress is the fear that you might lose custody of your child. But remember that a health problem or disability, even a serious one, does not automatically mean that you will lose custody. What matters is that you are able to provide for your child’s well-being and safety. It is also worth noting that the Americans with Disabilities Act requires courts to make reasonable accommodations for parents with disabling conditions.

If you have a health condition that could potentially affect your ability to parent, you need to come to court prepared to show that it won’t. For instance, you and your attorney can present evidence that your condition will not negatively impact your child, including:

• Your medical records, including documentation of the effect of treatments, medications, and therapies
• Statements from your doctors regarding your prognosis and capacities
• Testimony from expert witnesses regarding the likely impact of your condition on your parenting
• Testimony from fact witnesses who have observed you caring for your child

It’s understandable that you might feel defensive about a court’s inquiries about your health and abilities as a parent. It can feel like an invasion of privacy. The judge is not asking questions to humiliate or punish you. It may help to remember that the court has the same goal you do: to make sure that your child is safe and well cared for. You already know that you’re a good parent; your attorney will help the judge to know it, too.

What if I’m Concerned About the Other Parent’s Health and Parenting?

If you are worried that your child’s other parent has a health issue that affects their parenting, discuss the situation with your attorney. It is helpful to provide specific information regarding your concerns rather than a vague worry that the health condition might negatively affect your child.

For instance, if the other parent must take a medication that makes them too sleepy to supervise your child, and your child got injured as a result, that might be worth bringing to the court’s attention. Be aware that South Carolina encourages both parents to be as fully involved in their child’s life as possible, so you should be willing to consider accommodations that will make it easier for the other parent to successfully co-parent with you. There are lots of options for physical custody; your attorneys can help you and your co-parent find one that works for your family.

Whether you are a parent with a medical condition, or co-parenting with someone who has health issues, remember that parents are more than just their physical abilities. To learn more about parents’ health and custody agreements, or to get help with your South Carolina child custody matter, contact Brinkley Law Firm LLC to schedule a consultation.