Major Health Issues can Affect A Child Custody Case

When making decisions regarding custodial rights, family law courts in all US states always consider the children’s best interests as their primary determining factor. In the past, child custody was awarded to only one parent, while the other was given visitation rights to ensure his/her continuous communication with the child. Today, however, joint physical and legal custody may be granted by the court if both spouses are deemed by the court as fit custodians and if the physical, mental and emotional contributions of both are vital to the child’s growth and development.

Joint physical custody gives both spouses the right to have equal time with the child, while joint legal custody allows them to make decisions that will affect the child’s religious development, education and health.

There are occasions, however, when special issues arise, which alter the circumstances and which necessitate modifications in the custody arrangement decided by the court. A few of these special issues can be:

  • The child preferring to live with one parent
  • The custodial parent remarries and the child cannot adjust well with
  • The new step-parent or the step-parent’s child / children
  • One parent is convicted of a crime
  • One parent becomes alcohol and/or drug dependent
  • The physical and/or mental health of one parent becomes an issue

A parent suddenly diagnosed with a severe health condition will definitely have his/her custodial rights over the child affected, considering the fact that such serious illness may render him/her incapable of satisfying all the child’s needs.

One example of a serious illness that can suddenly alter a person’s health and physical condition is mesothelioma. As mentioned in the website of Williams Kherkher, mesothelioma is an incurable and deadly malignant cancer caused by exposure to asbestos.

Like all other types of cancer, mesothelioma cannot be diagnosed during its early stage, but manifests itself only when it has already worsened and can no longer be treated. Deadly as it is, there can be no other time when having custody of your child would mean so much to you. If your former spouse would obstinately deny you the rights or even privilege of having your children live with you, then having a really good lawyer who, fully understanding your health situation, would be determined to strongly fight for your interests and rights.