Blog

Tag Archives: mental health

Kane County family law attorneyDivorce and family-related legal proceedings are difficult on all parties involved. It can get infinitely more challenging when a parent is struggling with mental illness. However, the mere existence of mental illness or neurological variance should not be grounds for loss of parental responsibilities, formerly called child custody. Every person is entitled to a fair evaluation of his or her legal competency.

Legal Competency

When a parent is mentally ill, the issue becomes one of mental capacity, which is used to determine a person’s legal capacity to parent. Unfortunately, many times, that capacity is assessed by outdated benchmarks, by biased people. Recent statistics by the National Council on Disability shows rates of child removal from a home where one parent has a psychiatric or intellectual disability are as high as 80 percent. This is manifestly unjust for both parent and child. A parent’s disability may be considered when determining the best environment for a child, but making a blanket determination without an appropriate review is wrong.

...
Continue reading

Contact Us

NOTE: Fields with a * indicate a required field.
*
*
*

Recent Blog Posts

Archives

1737 South Naperville Road, Suite 100
Wheaton, IL 60189
630-549-0960
Evening and weekend hours by appointment.

We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

Facebook Google+ Linked In Twitter Youtube
© 2017 Mirabella, Kincaid, Frederick & Mirabella, LLC | 309 Walnut Street, Unit B, St. Charles, IL 60174 | 630-549-0960
Take me to top
OVC, INC