Depression and Anxiety in Custody Cases


Depression and Anxiety in Custody Cases

When a party has a diagnosis of anxiety and/or depression, they are often fearful that the other parent will attempt to use it against them in court. If you are in therapy, taking a prescription, or otherwise in treatment for your mental health issues, it is unlikely that they will be viewed by the court as a negative, barring exigent circumstances.

If you are in treatment and your symptoms are managed, there is no reason for your diagnosis to have an impact on your children. The courts are concerned only for the children’s interests and what is best for them. If your behavior or medication are not negatively affecting your children, there is no reason for the court to be concerned for their well-being.

If you have unmanaged or debilitating mental health issues, they may be relevant to your custody case; however, if you have a diagnosis of depression or anxiety and are in treatment, this is unlikely to have any negative impact on your case.

It is difficult at times to overcome the stigma of mental health treatment, however, it should be considered a positive rather than a negative for a party to a custody case to be addressing any issues they may have. Treatment, in itself, should not be held against you in court.

People are often concerned about the impact of depression and anxiety in custody cases. If you have any questions about your case, call us at 610-892-3877.

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About the author

About Alicia Fastman

Alicia Fastman graduated from Hofstra University with a Bachelor’s degree in Psychology, then went on to complete her Juris Doctorate at the Widener University School of Law in Wilmington, DE. Alicia graduated from law school with pro bono distinction, completed a Certificate in Criminal Law, and focused her intensive studies within the fields of litigation and trial advocacy. Alicia joined LaMonaca Law in April of 2011 and is a Partner at the firm. She was selected as a Top Lawyer in Main Line Magazine in 2014, 2016, 2017, and 2019 in the areas of Family Law and Divorce and has been named as a Best Lawyer in the areas of Adoption and Trial in the Delaware County Daily Times. Alicia is licensed to practice law in Pennsylvania, and is a member of the Pennsylvania, Philadelphia, and Delaware County Bar Associations. Alicia resides in Delaware County with her dog, Leonard. In her time outside of the courtroom or office, she enjoys creating art, listening to podcasts, and spending time with friends and family.