Stone Mountain, GA asked in Child Custody, Divorce and Family Law for Georgia

Q: How does undiagnosed/diagnosed mental illness affect divorce in Georgia?

My husband clearly has some sort of mental illness, and even he admits that (delusion, paranoia, mood-swing, and etc.) but he absolutely refuses to seek for help because he thinks getting professional help or getting diagnosed with mental illness will make him lose the custody of our kids when we divorce. I want to divorce but I don't feel comfortable placing the kids under his care if he's not properly treated. If I serve him, I fear that he may act out. What can I do?

3 Lawyer Answers
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: If the safety of the children is at issue, it may be appropriate to request a psychological evaluation of your husband in the divorce case. You should speak with an attorney to discuss your options.

Regina Irene Edwards and Homer P Jordan IV agree with this answer

P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Divorce Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: It's hard to say what impact it could have on your case. Mental illness alone will not preclude visitation. How he addresses his mental health is what is important. Talk to a local attorney about representation in the divorce to see what they can do for you here.

Homer P Jordan IV agrees with this answer

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: The your best option at this point, especially considering you have fears, is to consult with an attorney who can review the facts of your case in detail and help you plan the proper course of action. Whether or not his issues impact custody will be determined after the facts are reviewed by the judge.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.