Co-Founder Jamie N. Berger handles family law, divorce, alimony, child support and custody related issues at Jacobs Berger, LLC. In the following video, she explains the custody factors the court considers when there are medical conditions involved.
The court can and should consider under the custody factors any medical conditions that can impact your ability to care for your children. So, they are going to think about whether there are any type of physical limitations or mental limitations that could potentially impact or harm a child when making that best interest determination. Again this is a very fact-specific issue, so a court is going to look to the specific issues in your case and make those determinations.
Can one physical or mental limitation have more of an impact on custody over another?
It is not a blanket rule for all litigants that one condition over another is going to impact custody; it really is a fact-specific analysis the court is required to do to determine what is in the best interests of your children in making those custody determinations. If this is a concern of yours, it is certainly something worth exploring because goals in custody and protecting your children can be met. So, please do not hesitate to reach out to our office and schedule a Strategic Planning Session so we can discuss it further.