Abstract
Parental mental illness is a challenging issue in child custody disputes. Mentally ill parents engaged in custody battles with former partners can be concerning for a court that must determine what is in the best interests of the child. Parental mental health is critical in custody determinations, yet New York does not require a mental health evaluation for mentally ill parents. This Note proposes that the New York legislature amend Domestic Relations Law Section 240 to require mental health evaluations for mentally ill parents when deciding what is in the best interests of the child.
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