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.