On behalf of Stange Law Firm, PC posted in Divorce on Friday, June 12, 2020.
Family law judges have one responsibility when it comes to making decisions in child custody cases in St. Louis. Their job is to make determinations as to what’s in the best interest of the minor. A parent’s medical condition can affect whether or not they end up with custody of their kids.
A judge won’t likely deprive a parent of custody simply because they’ve received a cancer diagnosis. They will probably want to know how well a parent can care for their child’s health, welfare and safety if they have such a serious condition, though. If a judge has reason to believe that a parent won’t be able to adequately care for their child’s needs while they’re physically ill, then the court may deprive them of custody.
The court may also take away custody if the diagnosis causes a parent such severe physical impairments that they’re no longer care for their child’s daily needs adequately. A parent who’s suffering from cancer may be able to retain custody if they demonstrate that they have the support of other family members in the area.
What may be an easier fete is if a parent receives a diagnosis of some mental impairment. It often takes doctors some time to get a patient’s medications just right. If a mom or dad doesn’t take what they’re supposed to, then it’s likely that it will affect how they interact with others. A parent may be more successful in justifying to a judge why they should retain custody of their child in instances like this.
Most courts see it as beneficial for a child to share equal time with each parent. If you plan to make a case for sole custody, you have an uphill battle in front of you. A divorce attorney may be able to help you compile the necessary documentation to justify why you’re making such a request in your Missouri case.