The Massachusetts trial stemming from Lindsay Clancy’s shocking killing of her three children has drawn worldwide attention. While some people support Clancy’s defense that the tragedy was triggered by her severe postpartum mental illness, others believe that she is guilty of three murders. Though the Clancy matter is an extreme case, postpartum depression is fairly common, with researchers estimating that it affects about one in seven women after they give birth.
Symptoms of postpartum depression can include mood swings, panic attacks, intense anger and a loss of interest in daily activities. Clancy claims to have been influenced by postpartum psychosis, which is rarer and more severe. However, even the milder condition can present risks to a youth under their mother’s care, and might justify a review of child custody terms.
Under Domestic Relations Law § 240, a court shall not place a child in the custody of a parent who presents a substantial risk of harm to that child. Accordingly, New York judges consider a parent’s mental health when deciding what is in a son or daughter’s best interests. However, a mere diagnosis of postpartum depression or some other issue does not automatically lead to a restriction on parental rights.
If you believe your co-parent might be capable of harming your child due to postpartum mental problems or some other condition, you should focus on specific behaviors that indicate a risk. Angry outbursts, withdrawal from basic parenting duties, engaging in inappropriate discussions with the children and other actions can justify a parenting plan modification. When a concern exists, judges may consider medical records, treatment compliance, expert testimony and a court-ordered forensic evaluation to inform their decision.
Parents suffering from a chemical, emotional or psychological problem still have rights, and there usually are ways for them to maintain close bonds with their children while resolving their own issues. Supervised visitation and scheduled video conferencing are two options. Moreover, postpartum conditions and other mental problems can improve with treatment. New York courts often revisit restrictions as a parent stabilizes, demonstrating insight, adherence to care and a safe support plan.
Whether you’re concerned about your ex’s postpartum illness or your parenting fitness is being questioned due to an alleged mental condition, you should contact a qualified attorney immediately. Bryan L. Salamone and Associates P.C. represents Long Island parents in child custody disputes and other New York family law proceedings. Please call or contact us online if a postpartum mental illness or a different type of condition might be affecting the well-being of your child.