Wettlaufer v. Wettlaufer: How Mental Illness Affects Custody

When judges determine child custody, all relevant factors are analyzed based on the "best interests of the child" standard. In other words, factors are significant only concerning this standard. So a parent's various characteristics – i.e., job, education, relationships, economic condition, etc. – can impact custody orders to the extent that they affect the child's best interests. In the case of Wettlaufer v. Wettlaufer (2016), a parent's mental health status played a role in the initial custody order. Let's look closely at this case and see how mental health can affect custody determinations.

Basic Facts of the Case

The couple, in this case, married in 2005 and had a daughter in 2009. The marriage deteriorated, and by 2012 the wife sought dissolution. The husband had a history of mental health issues, specifically depression. In 2011, the husband temporarily sought relief in a psychiatric facility to overcome severe depression. By the time of the divorce proceedings, the husband had achieved mental and emotional stability and was living independently. However, the court granted the wife sole legal and physical custody.

Three years later, in 2015, the ex-husband requested a modification based on his allegedly improved mental health. The ex-husband maintained a stable home independently for three years after the divorce. And it made the argument that the ex-husband's "improved mental health" provided grounds for modification. Initially, the trial court ruled against the ex-husband, but the appellate court overturned this decision.

Declining / Improving Mental Health as Basis for Modification

The issue, in this case, can be summed up as follows: can a change in mental health status constitute a "substantial change in circumstances" such that a modification of an existing custody order be warranted? As this case shows, the answer is "yes," but it can only determine the result in any specific instance after an independent analysis. Furthermore, even if a change in mental health status qualifies as a substantial change in circumstances, there must also be a separate analysis as to whether a modification is in the child's best interests.

In other words, not only does a substantial change in circumstances need to occur, that change in circumstances must support a determination that a modification is desirable (for the child, specifically). Just as poor mental health can be a relevant factor in the initial custody order, improved mental health can be relevant when considering a modification. Just because a person's mental health improves, however, doesn't mean that it will necessarily modify an existing order. Again, everything must be consistent with the best interests of the child standard, and so that is the final analysis.

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