Custody issues can play a major role in determining a child's treatment for bipolar disorder. It's important to know your child's rights and your own rights as a parent, as both could be placed in jeopardy in cases of extreme financial need or divorce.

Relinquishing custody to the state

When parents cannot afford the costs of extended hospitalizations or residential treatment for their child, they may be told they must give up custody of their child to the state's child welfare or juvenile justice agency in order for their child to receive the needed treatment.

If an insurance company, health care provider, school district, or state or federal agency has told you that you should give up custody to obtain treatment for your child, contact an attorney for immediate assistance. You may not have to relinquish custody to get medical treatment.

Parents with limited income may be able to obtain treatment services through state or government assistance programs such as Medicare.  See Supplemental Security Income You may also wish to contact NAMI, the National Alliance for the Mentally Ill. An article on NAMI's Web site,  "The Tragedy of Custody Relinquishment," addresses this wrenching issue.

Bazelon Law Center provides information for families who face giving up custody to obtain mental health services for their children. Some states have passed laws that prohibit child welfare agencies from requiring parents to relinquish custody.

If you have exhausted all other options and you are forced to surrender custody of your child to the state, it is possible the state may make treatment decisions regarding your child without allowing you to participate. Furthermore, a court order would be necessary to return custody of your child to you, and there is no guarantee you will be successful in obtaining such an order.

 Treatment issues when parents are separated or divorced

When parents, who are married, are living together or separated, the consent of either parent for medical treatment is usually sufficient. The divorced (or never married) parent with sole legal custody generally makes decisions unless ordered otherwise by a judge.

When parents disagree concerning necessary medical treatment, the parent whose wishes are being disregarded may need to bring a motion before a judge to order (or oppose) the treatment. The court will hear expert testimony and issue a court order in the best interests of the child, and this order can be made a part of the child's medical record. Such an order may be necessary to obtain cooperation from schools and medical providers. Check the Family Law Codes of your state; parents confronted with this problem should seek advice from an attorney familiar with family law.

Disclaimer

Families with legal problems are urged to hire a capable local attorney licensed to practice in the state in which the family resides. The Balanced Mind Foundation (The Balanced Mind Foundation) is unable to provide you with legal advice and The Balanced Mind Foundation’s attorneys are unable to represent you.

The information on this web page is not a substitute for legal advice. It is intended to be general in nature. The laws of each state are different. The law is always changing. The information here may not reflect the latest legal developments. NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IS GIVEN AS TO THE ACCURACY OF THIS INFORMATION.