If you are considering or trying to adopt a child whose parent has a mental illness that puts the safety of the child in jeopardy, it can be challenging. While it might seem like the logical course of action to safeguard the child, there could be quite a few hurdles to leap for the prospective adoptive parent(s).
Below is some important information that can help Michigan residents facing complex adoption situations.
A parent’s poor mental health is not an automatic disqualifier
Family law courts base their custodial and adoption decisions on what the best interests of the child(ren) is/are. However, mental illness diagnoses are not immediate disqualifiers.
What do courts consider with mentally ill parents?
If you are petitioning the court to legally adopt a child from a mentally ill parent, the courts will note whether the parent has gotten treatment for their mental illness. They will review whether the mentally ill parent is compliant with their treatment program, e.g., are they taking their medications and attending their therapy sessions?
Courts also monitor the progress of that parent. Sometimes, the biological parent is also struggling with substance abuse issues, so those would have to be addressed as well, with the parent taking an active role in their recovery. Attending meetings and testing negative on drug screens would be mandatory for the biological parent to retain their parental rights.
Family law courts also check to be sure the child wasn’t living in a home where there were occurrences of domestic violence.
Terminating parental rights
Noncompliant parents who continue the behaviors that jeopardize their children’s safety and well-being can wind up with their parental rights terminated by the courts. That opens a path to athe doption of the at-risk child.