The COVID-19 pandemic has resulted in a rise in mental illness and increasingly severe actions taken by those suffering from it. This increase in mental health concerns is playing out more and more frequently in family court, as parents address their mental health, their co-parent’s mental health and the mental health of their children. So how does mental illness in your client, in the opposing party, and in children affect the court’s rulings on child custody and analysis of what is in the best interests of the child?

The Custody Factors and Mental Health

Pennsylvania courts review and balance 16 factors when they analyze what is in the “best interest of the child” for custody. Factor 15 directly addresses the mental and physical condition of a party or a member of a party’s household.

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