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Naperville family law attorneyThe National Alliance on Mental Illness (NAMI) estimates one in 25 people in the United States suffer from a serious mental illness. Many of that number are parents, and in Illinois and many other states, mental illness can and does play a role in parenting time determinations. In some cases, parental rights are limited because of a parent’s mental illness. If you are in the middle of a divorce, and you or your spouse is mentally ill, it is imperative to understand the rights of all involved before a custody determination can be made.

The Best Interests of the Child

In Illinois, the primary task before the courts when dealing with parenting time issues is to determine the best interests of the child. Mental illness issues are among the many factors that a family court judge will consider. Some of the others include the wishes of the child (if he or she is old enough for it to be appropriate), allegations or instances of abuse, and the ability of the parents to compromise in order to facilitate parenting time and responsibilities being shared.

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