How to Deal with a Narcissistic Spouse in a Custody Dispute (Part 2)

This Blog is the second article on Narcissism. Part 1 deals with the medical diagnosis of the condition. Part 2 discusses how to deal with a narcissistic parent under California law, in the context of child custody and visitation disputes. 

The Court

The Court’s analysis will focus on the legal standards governing custody determinations, the role of mental health in assessing parental fitness, and the court's approach to ensuring a child's welfare. The overarching principle in California is the best interest of the child, which guides all decisions regarding custody and visitation. Feehan v. Superior Court, 105 Cal. App. 5th 38

Legal Standards/Rules
California law prioritizes the best interest of the child in custody and visitation determinations Feehan v. Superior Court, 105 Cal. App. 5th 38 In re Marriage of Steiner, 89 Cal. App. 3d 363.  Relevant factors include the health, safety, and welfare of the child, any history of abuse, and the nature and amount of contact with both parents. Courts have broad discretion to craft parenting plans that serve the child's best interests. Montenegro v. Diaz, 26 Cal. 4th 249,.2.

Mental Health and Parental Fitness

While a parent's mental health can be considered in custody decisions, harm to the child cannot be presumed solely based on the parent's mental illness. The focus is on whether the parents' conduct, influenced by their mental health, adversely affects the child or jeopardizes their safety.

Parental Conduct and Child Welfare

Courts may consider evidence of habitual substance abuse or other harmful behaviors when determining custody. Independent corroboration, such as reports from law enforcement or social welfare agencies, may be required. If custody or visitation is granted to a parent with such issues, the court must explain how the order protects the child's safety. Family Code §3011.

Best Interest of the Child: 

The court's primary concern is the child's best interest, which includes ensuring their health, safety, and welfare. A narcissistic parent's behavior, such as manipulation or lack of empathy, may be relevant if it negatively impacts the child. For example, if the narcissistic parent undermines the other parent's relationship with the child or creates a toxic environment, these factors could weigh against granting them custody or unsupervised visitation. Courts will also consider which parent is more likely to allow frequent and continuing contact with the other parent, as this promotes the child's well-being. 

Mental Health Considerations

While narcissistic personality disorder is a recognized mental health condition, California courts do not automatically view mental illness as detrimental to parenting. Instead, the focus is on the parent's conduct and its impact on the child. For instance, if the narcissistic parent's behavior leads to emotional or psychological harm to the child, this could be a basis for limiting their custody or visitation rights. However, the court requires evidence of such harm, as harm cannot be presumed solely from the diagnosis.

Conclusion
In California, dealing with a narcissistic parent in custody disputes requires a focus on the best interest of the child, supported by evidence of how the parent's behavior impacts the child's welfare  .Courts will consider mental health and conduct but require specific evidence of harm or risk to the child. Parents seeking to limit a narcissistic parent's custody or visitation rights should gather evidence of harmful behavior and demonstrate how their proposed custody arrangement serves the child's best interests. 

Dealing with a narcissistic parent in custody disputes requires a strategic approach grounded in California's legal framework. A seasoned attorney will help you layout how the behavior is affecting your child. Contact Livingstone Law, APC at livingstonelawsd.com for a free consultation.