At Keller Legal Services, we’ve represented countless families throughout Naperville and Chicago facing divorce, child custody battles, and the long-term consequences of parental alienation. One issue that’s starting to get more attention—but is often misunderstood—is the role hereditary mental-health vulnerabilities can play in relationship breakdowns. The connection between mental health and divorce is well known. What’s less obvious, though, is how your genetic risk for a psychiatric condition can influence your marriage even if you’ve never been diagnosed.
Recent research confirms something we’ve seen play out in courtrooms and family law cases across Illinois: people with a genetic predisposition toward certain mental health conditions are more likely to experience divorce. These vulnerabilities can show up in ways that damage communication, increase conflict, and ultimately lead to the breakdown of the marriage. Even more concerning, they can be used—intentionally or unintentionally—as weapons in child custody disputes through patterns of parental alienation.
As Illinois family law attorneys, we want to help you understand what this science means for your legal rights, your family, and your future.
A study published in Clinical Psychological Science examined nearly 3 million people and found that individuals with higher genetic risk scores for conditions such as depression, anxiety, ADHD, and substance use disorders were more likely to divorce. This held true even for people who never showed outward signs of a psychiatric disorder. The takeaway: your genes can affect your relationships, sometimes in subtle but powerful ways.
These risks often manifest as impulsivity, emotional volatility, poor conflict resolution, or difficulty maintaining consistent behavior in high-stress situations. In many marriages, especially those with children, these traits create ongoing friction that can wear down both spouses and lead to separation.
From our perspective as Illinois family law attorneys, this doesn’t mean someone with mental health vulnerabilities is at fault for their divorce. Rather, it’s a factor that can add complexity, and it becomes particularly important when custody and parental alienation claims enter the picture.
Parental alienation occurs when one parent manipulates or influences a child to reject the other parent without a valid reason. It’s a serious allegation that the Illinois courts take seriously—especially under 750 ILCS 5/602.7(b)(15), which lists “the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child” as a key factor in parenting time decisions.
In our experience, mental health struggles—whether diagnosed or not—can increase the risk of alienating behaviors. Parents who feel emotionally overwhelmed or unsupported may act out through subtle or overt alienation. Others may lack the emotional insight to realize the impact their actions are having on the child’s relationship with the other parent.
Conversely, some parents falsely accuse the other of having a mental illness as a way to gain an advantage in custody proceedings. We see this tactic used frequently in high-conflict cases. The accused parent often feels trapped defending their stability, even when no diagnosis exists. Understanding the distinction between a legitimate mental health concern and weaponizing mental health history is crucial in these cases.
Under 750 ILCS 5/602.7(b)(9), Illinois courts may consider the “mental and physical health of all individuals involved” when determining parenting time and decision-making responsibilities. However, the mere presence of a mental health condition—or even a family history of one—does not automatically limit a parent’s rights. What matters most is how that condition impacts parenting ability.
If you have a hereditary predisposition, it’s important to be proactive. Judges want to see evidence that you’re managing stress, that your relationships with your children are strong, and that you are not undermining the other parent’s role. On the other side, if your co-parent is showing signs of alienating behavior or using your mental health history against you unfairly, we can present evidence to show the court the reality of the situation.
When a couple is facing divorce, and there’s concern about genetic and mental health risks, establishing a detailed, balanced parenting plan is essential. A clear agreement helps prevent misunderstandings and limits the chances of alienating behavior. It also gives children a sense of stability during an emotionally challenging time.
In some cases, we recommend incorporating provisions for mental health counseling, parent coordination, or regular check-ins to monitor co-parenting dynamics. These aren’t punitive—they’re protective. The goal is to support both parents while protecting the best interests of the child.
Yes. Illinois courts may consider mental and emotional health under 750 ILCS 5/602.7(b)(9) even without a formal diagnosis. Judges will look at behaviors and patterns and how they affect parenting. If one parent demonstrates instability, poor decision-making, or an inability to prioritize the child’s needs, it can influence the outcome. However, without clear proof that these issues impact parenting, mental health history alone may not carry much weight.
Genetic risk alone cannot be used as a reason to restrict custody or parenting time. Courts must rely on evidence of actual behavior or impact on the child. That said, if the other parent is trying to weaponize your mental health history or falsely claim you’re unstable, we can present evidence—such as your parenting track record or evaluations—to counter these claims.
Document everything. Keep records of messages, missed visitation, negative statements made by the child, and any third-party observations. Then, speak with an attorney. Illinois law allows you to petition the court for remedies, which may include modifying parenting time, ordering reunification therapy, or even changing custody under 750 ILCS 5/610.5 if it’s in the child’s best interests.
Only if your condition severely interferes with your ability to care for your child. The law focuses on parenting capacity, not labels. If you’re managing your mental health and maintaining a positive relationship with your child, you’re likely to retain your parental rights. Courts do not punish parents for having mental health challenges—they intervene when children are being harmed.
First, stay informed. Understand your risks and how they might show up in your life or relationships. Second, demonstrate through your actions that you are a capable, caring, and responsible parent. Third, don’t allow your family history to be used as a weapon. If you sense this happening, we can help stop it before it influences your case unfairly.
At Keller Legal Services, we’ve handled complex custody cases involving everything from parental alienation to mental health allegations to contested parenting agreements. We know how stressful this process can be, and we’re here to advocate for you and your child at every stage. Whether you’re facing false claims or simply want to prevent conflict from escalating, our attorneys are ready to guide you through the legal process with clarity and compassion.
If you’re facing divorce or child custody issues in Naperville or anywhere in the Chicago area, call us today. Let’s work together to protect your children and your rights. Contact our Naperville divorce attorneys at Keller Legal Services by calling 630-505-1515 to receive your free consultation. We represent clients across Naperville, Chicago, and throughout Illinois.
