If a person is mentally ill, can they have custody of their child in California?
Jan Meriss Alfonso Assistant at Ascent Law LLC The answer is yes. However, there are several factors that must be considered when making this determination. The Law in California for Mental Illness First, because the law in California recognizes that mental illness can be genetic (meaning it runs in families) and therefore no one should be punished for having a mental disorder, it may be possible for a parent to seek custody even if he or she has been violent. If a parent is found to have a mental disorder that affects his or her ability to take care of their child, and the court decides that it would be harmful for the child to live with them without professional help, then they may be granted temporary or permanent custody. Second, if there is evidence that the parent has abused or neglected their child before they were placed with them temporarily or permanently by the court order, then they may not be awarded temporary custody unless they are being treated for their condition...