How Mental Health Issues Affect Custody Cases in Georgia

Custody

Sep 29, 2025 | Content

There is a welcome trend toward erasing the stigma that once existed around mental health. Even so, parents often worry about how their own mental health issues might affect custody in Georgia.

Mental health is one of many factors family court judges consider when making custody decisions. Work with an attorney at Atlanta Divorce Law Group to ensure you make the most persuasive case to reach your custody goals.

How Does Mental Health Impact Your Parenting?

The Official Code of Georgia §19-9-3 requires family court judges making custody decisions to prioritize the best interest of the child. One of the factors they consider is the mental health of each parent and of the children. You could strategize with a member of our family law team about how best to raise your concerns about mental health issues in a Georgia custody proceeding.

A parent’s mental health challenges do not disqualify them from custody. However, the family court judge may want to know more about how their mental health impacts their parenting.

Third-Party Evaluations

The family court judge may order a custody evaluation if you or your co-parent has raised mental health as an issue in your Georgia custody dispute. A neutral mental health professional will thoroughly evaluate each parent and the family dynamics regarding the children. The same process may occur if the issue concerns your child’s mental health.

The evaluator will then make a recommendation to the court. The family court judge is not obliged to follow the evaluator’s recommendation, but it usually has significant weight in their decision-making.

Transparency and Commitment to Treatment Are Key

When either a parent or child has a mental health issue, the family court judge wants to see that the parent acknowledges the concerns and is committed to a treatment regimen. The family law attorneys on our Atlanta, Georgia team can help you present your understanding of the mental health challenges at issue. Besides the custody evaluator’s report, the judge might also want to review mental health records.

A judge might decide that a parent who minimizes a child’s mental health struggles cannot provide the best home environment for that child. Similarly, when a parent is dismissive of their own condition or noncompliant with a mental health treatment plan, it could raise concerns about the safety of children in their care.

The family court judge could limit a parent’s decision-making responsibility for a child with mental health concerns. When a parent’s mental health is a concern, a court might limit their time with the children or require that visits be supervised. A court might grant custody with the condition that the parent follows a prescribed treatment plan.

Contact Our Attorneys if Mental Health Is an Issue in Your Georgia Custody Case

Mental health issues are nothing to be ashamed of, but they can affect custody proceedings in Georgia. Transparency, willingness to engage in treatment, and realistic expectations are essential. Contact the team at Atlanta Divorce Law Group for help in reaching your custody goals.

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How Mental Health Issues Affect Custody Cases in Georgia

How Does Mental Health Impact Your Parenting?

Third-Party Evaluations

Transparency and Commitment to Treatment Are Key

Contact Our Attorneys if Mental Health Is an Issue in Your Georgia Custody Case

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