Navigating Mental Health Factors in California Family Law Court: A Guide for Contested Custody Cases

Navigating Mental Health Factors in California Family Law Court: A Guide for Contested Child Custody Cases

Learn how mental health factors of parents are considered under the amendments to Family Code and how they impact contested custody cases in California

Navigating Mental Health Factors in Contested Custody Cases: A New Era in California Family Law

Starting from January 1, 2024, a significant amendment to Family Code Section 3040 has been implemented that directly impacts contested custody cases in California Family Law Court. This change revolves around how a parent’s mental health history is considered when determining the best interest of the child.

The Old Law vs The New Law

Previously, there was no specific statutory provision that addressed this issue. However, the new law mandates that if a parent’s mental health history is deemed a factor in determining the child’s best interest, the court is required to: 1. Provide the parent with a list of local resources for mental health treatment. 2.State the reasons for the finding either in writing or on the record (FC 3040(d)(1)). This provision does not override the court’s duty to ensure the child’s health, safety, and welfare (FC 3040(d)(2)).

Implications for Contested Custody Cases

In contested custody cases, it’s common for parents to raise mental health issues. The court and custody experts then probe into how, if at all, the mental health issue affects parenting. It’s important to note that parents may have a range of mental health issues that don’t necessarily impact their parenting abilities or the child’s safety.

Whether under the previous practice or the new law, the question remains the same—is the mental health issue relevant to parenting?

With the trend in family law leaning towards increasing requirements for on-the-record or in-written findings, it’s crucial for the party or the party’s attorney to present proposed orders after the hearing with the required findings, especially now that court reporters are not typically available at contested hearings in family law.

This new law signifies a shift in how mental health is considered in custody cases, emphasizing the importance of understanding its implications for those navigating contested custody issues in California Family Law Court.