Depression affects millions of Americans each year. If left untreated, it can lead to the breakdown of relationships, including marriages.

Depression–and the unwillingness to treat it–can play a major role in a couple’s decision to get a divorce. However, it won’t likely affect the divorce settlement itself unless the couple has children and it can be proven the behavior of the depressed parent is dangerous or otherwise inconsistent with the best interest of the child.

If both parents cannot agree on a custody and visitation agreement, a judge will decide for them. The judge will make decisions on a case-by-case basis, and may request a custody expert conduct evaluations of both parents and the children.

Defining the “Best Interest of the Child” in New Jersey

The “best interest of the child” refers to the child’s physical, mental, and emotional well-being. Unless proven otherwise, it is assumed by the court that children benefit from having both parents play an active role in their lives.

According to N.J.S.A. 9:2-4, New Jersey courts will consider several factors when determining the best interest of the child, including:

  • Age
    and number of children in each home
  • Both
    parents’ ability to agree, communicate and cooperate in matters relating to the
    child, existing custody arrangement, and/or parenting time
  • Extent
    -and quality- of time spent by both parents with the child before and after
    separation
  • Fitness
    of both parents
  • General
    proximity of the parents’ homes
  • Location
    of the child’s school
  • Preference
    of the child, if age appropriate
  • Preserving
    healthy sibling and parent-child relationships
  • Special
    needs of the child, if applicable
  • Stability
    of the home environment
  • The
    immediate physical safety of the child (and other parent), along with any
    history of domestic violence in the household
  • Work
    hours and responsibilities of each parent
  • Any
    other issues the court deems relevant

New Jersey courts will always prioritize the best interest of the child over all other factors, including the wishes of both parents and grandparents. If untreated depression negatively affects one or more of the criteria listed above, it could have an impact on the custody arrangement.

What if the Depression Worsens During Divorce?

Divorce is a highly upsetting time. It’s common for parents to experience high levels of anxiety and sadness. It can be especially triggering for those already suffering from clinical depression. According to recent studies, postpartum mothers can also experience depression.

A depression diagnosis on its own is highly unlikely to influence a divorce settlement or custody arrangement, especially if the person with the diagnosis is seeking treatment. However, a custody arrangement can be re-evaluated if it is believed an untreated condition is interfering with the safety or best interest of the child.

There would have to be a substantial change in circumstances for a custody modification to happen, and it would have to be demonstrated with proof. The parent requesting the modification must also prove the new circumstances are inconsistent with the best interest of the child.

Hire a New Jersey Family Law Attorney

Arons & Solomon Divorce Lawyers is dedicated exclusively to family law. Our divorce attorneys work with clients in New Jersey and New York to make sure children stay connected with loving parents, and protected from environments of danger and neglect. If you are looking to negotiate or litigate a custody agreement, or modify an existing custody agreement, we can help.

Contact the Bergen County Family and Divorce Law Firm of Arons & Solomon Divorce Lawyers for more help

Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.

Bergen County Law Office
1 University Plaza Dr #400, Hackensack, NJ 07601, United States