Addressing Mental Health Issues in Family Law

Chimere Chisolm-Trimble, Esq. • May 5, 2025

Mental health issues can significantly affect family law cases, particularly in divorce, child custody, and spousal support matters. In Georgia, mental health concerns are taken into consideration when making decisions about custody and visitation, as the court’s primary concern is the well-being of the children involved. Parents with mental health issues may be required to undergo evaluations, participate in therapy, or take other steps to address their conditions before being granted custody or unsupervised visitation. 



In divorce cases, mental health issues can also influence the division of assets or the determination of alimony. A spouse suffering from mental health challenges may be entitled to spousal support or a greater share of the marital estate, depending on the circumstances. For example, if one spouse has been unable to work due to mental health issues, they may be entitled to financial support from the other spouse to ensure they can maintain a stable standard of living after the divorce. 


Mental health evaluations are often required in high-conflict custody cases, particularly when there is concern that a parent’s mental health may affect their ability to provide for their child’s emotional and physical needs. The court may order psychological evaluations of both parents to assess their fitness to parent, especially when allegations of mental illness are made. 


In some cases, mental health issues may be a barrier to resolving family law matters amicably. When one or both parties are dealing with mental health challenges, it may complicate negotiations or mediation efforts. An experienced family law attorney can help navigate these challenges and ensure that the individual’s mental health concerns are appropriately addressed in the case. 


If you or a loved one is dealing with mental health issues in the context of a family law matter, contact our office at 770-741-1570 or visit www.chisolmtrimblelaw.com. Our firm has been named one of Georgia’s top 10 family law firms, and our Managing Attorney has been selected as one of Georgia’s Super Lawyers. 

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