Mental health is a factor Utah courts consider when determining child custody and parent-time. Under Utah Code Section 30-3-10.13, the court has authority to consider evidence of a parent’s mental health and may order evaluations or treatment when appropriate. However, having a mental health condition does not automatically disqualify a parent from custody. The court’s focus is on how the condition affects the parent’s ability to meet the child’s needs.
Updated: July 17, 2026
Key Takeaways
- Utah Code Section 30-3-10.13 addresses mental health evaluations in custody cases
- A mental health diagnosis alone does not bar a parent from custody or parent-time
- The court considers whether the condition impairs the parent’s ability to care for the child
- The court may order mental health evaluations and treatment as a condition of custody or parent-time
- Compliance with treatment and medication is a significant factor in the court’s analysis
What Does Utah Law Say About Mental Health and Custody?
Utah Code Section 30-3-10.13 provides that when a parent’s mental health is at issue in a custody or parent-time proceeding, the court may order the parent to submit to a mental health evaluation. The evaluation must be conducted by a licensed mental health professional and must address the parent’s ability to safely and appropriately care for the child. The statute applies when the court has a reasonable basis to believe that a parent’s mental health may affect the child’s welfare.
The court may order an evaluation on its own motion or upon the request of a party. The cost of the evaluation is typically paid by the parent being evaluated, though the court may allocate costs differently. The results of the evaluation are shared with the court and with both parties, subject to applicable privacy laws and protective orders.
How Does a Parent’s Mental Health Affect Custody Decisions?
The court does not disqualify a parent simply because they have a mental health diagnosis. Instead, the court examines how the condition affects the parent’s functioning and the child’s safety and wellbeing. Key considerations include:
| Consideration | What the Court Evaluates |
|---|---|
| Diagnosis and severity | The nature of the condition and how severely it impairs daily functioning |
| Treatment compliance | Whether the parent is actively engaged in treatment and following medical recommendations |
| Medication management | Whether the parent takes prescribed medications consistently and appropriately |
| Impact on parenting | How the condition affects the parent’s ability to provide safe, consistent, and nurturing care |
| Stability | Whether the condition is stable or involves episodes that could disrupt the child’s routine |
| History of hospitalization | Any history of psychiatric hospitalization and its impact on the child |
| Risk to child | Whether the condition poses any direct risk to the child’s safety or emotional wellbeing |
A parent who is managing their mental health effectively through treatment and medication is generally viewed more favorably than a parent who is untreated or noncompliant. The court will also consider whether the other parent is supportive or dismissive of the parent’s mental health needs.
When Will a Utah Court Order a Mental Health Evaluation?
A court may order a mental health evaluation when there is credible evidence that a parent’s mental health may affect the child. Common scenarios include:
- A parent has a history of psychiatric hospitalization
- A parent has been diagnosed with a condition that affects reality perception, such as schizophrenia or bipolar disorder
- A parent exhibits behavior during proceedings that raises concerns about their mental state
- A parent has a history of suicide attempts or threats
- A parent has been found incompetent in another legal proceeding
- There is evidence that a parent’s mental health condition has previously endangered the child
The requesting party must provide a factual basis for the request. Mere speculation or general allegations are not sufficient to justify a court-ordered evaluation.
What Happens After a Mental Health Evaluation in a Utah Custody Case?
After the evaluation is completed, the evaluator submits a written report to the court. The report typically includes diagnostic findings, a functional assessment, and recommendations regarding custody and parent-time. The court will consider the report along with all other evidence in the case.
Based on the evaluation results and other evidence, the court may take several actions:
- Order the parent to engage in ongoing treatment with a licensed mental health professional
- Require the parent to continue taking prescribed medications as a condition of custody or parent-time
- Limit parent-time to supervised visits if the condition poses a risk to the child
- Prohibit overnight parent-time until the parent demonstrates stability
- Award sole physical custody to the other parent with supervised parent-time for the affected parent
- Impose no restrictions if the evaluation shows the condition is well managed and does not affect parenting capacity
The court’s orders are designed to protect the child while preserving the parent-child relationship when possible.
Can a Parent Use Their Own Mental Health Treatment to Support Their Custody Case?
Yes. A parent who is proactively addressing their mental health can present that as evidence of responsible parenting. The court views treatment compliance favorably because it demonstrates that the parent is taking steps to ensure they can provide a stable, safe environment for the child.
Evidence of treatment compliance may include records from therapists or psychiatrists, proof of medication adherence, and testimony from mental health providers. A parent who voluntarily seeks treatment before the court orders it shows good faith and a commitment to the child’s wellbeing.
Strategic Tip: If you have a mental health condition, work with your treatment provider to ensure your records reflect your ability to parent effectively. A letter from your treating professional describing your condition, treatment, and functional capacity can be valuable evidence in your custody case.
What If Mental Health Allegations Are Used as a Weapon in Custody Litigation?
Unfortunately, mental health allegations are sometimes made strategically to gain an advantage in custody litigation. If you believe mental health allegations are being made in bad faith, you should:
- Comply with any court-ordered evaluation to demonstrate that the allegations are unfounded
- Provide the evaluator with evidence of your treatment compliance and stability
- Present testimony from your mental health providers about your ability to parent
- Ask your attorney to seek sanctions if the allegations are proven false
The court is generally aware that mental health allegations can be weaponized and will carefully evaluate the evidence before taking action. A parent who makes false allegations risks losing credibility with the court.
Does a Parent Have to Disclose Their Mental Health History in a Utah Custody Case?
Utah law requires parents to provide relevant information during the discovery process. If a parent’s mental health is placed at issue by credible allegations, the parent may be required to disclose treatment records, medication history, and other relevant information. However, the court will balance the need for disclosure against the parent’s privacy rights.
A protective order may be entered to limit the use and dissemination of sensitive mental health records. The records are typically shared only with the parties, their attorneys, and the court, and may not be used for any purpose outside the custody proceeding.
Can a parent with depression get custody in Utah?
Yes. Depression is common and treatable. The court will consider whether the depression is being treated effectively and whether it impairs the parent’s ability to care for the child. A parent with well-managed depression is not at a disadvantage in custody proceedings.
What if a parent refuses a court-ordered mental health evaluation?
Refusal to comply with a court order for a mental health evaluation may result in adverse consequences, including restrictions on custody or parent-time. The court may draw an inference that the refusal indicates the parent has something to hide.
Does the court consider the mental health of both parents?
Yes. The court considers the mental health of both parents as part of the overall best interest analysis. If both parents have mental health conditions, the court will evaluate how each condition affects parenting capacity.
Facing a child custody issue in Utah? Jeremy D. Eveland, MBA, JD, can help protect your parental rights and advocate for your child’s best interests.
Call (801) 613-1472 or visit jeremeyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah family law attorney for advice specific to your situation.
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