Mental Health & Child Custody in Illinois: What Courts Consider

When parents separate or divorce, few issues create more anxiety than how mental health conditions might affect child custody determinations. If you or your co-parent struggles with depression, anxiety, bipolar disorder, PTSD, or another mental health condition, you likely have pressing questions about how Illinois courts will view these circumstances when deciding parenting time and parental responsibilities.

The intersection of mental illness and custody in Illinois is a nuanced area of family law that requires careful navigation. While Illinois courts do consider mental health as one factor in custody determinations, having a mental health diagnosis does not automatically disqualify a parent from obtaining custody or significant parenting time. What matters most is how the condition affects—or doesn't affect—a parent's ability to care for their children.

This comprehensive guide examines how Illinois courts approach mental health in custody cases, what factors judges consider, how to protect your parental rights if you have a mental health condition, and what steps to take if you're concerned about your co-parent's mental health. Understanding these legal standards and practical considerations can help you approach your custody case with confidence and realistic expectations.

Illinois Legal Framework for Child Custody Determinations

Before examining how mental health specifically factors into custody decisions, it's essential to understand Illinois's overall framework for determining parental responsibilities and parenting time. Illinois law underwent significant changes in 2016, replacing traditional "custody" and "visitation" terminology with "allocation of parental responsibilities" and "parenting time."

The Best Interests of the Child Standard

Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.5 and 602.7), all custody-related decisions must be made according to the "best interests of the child" standard. This overarching principle guides every aspect of parental responsibility allocation and parenting time determinations.

Section 602.5(c) of the Act lists seventeen specific factors that courts must consider when determining the allocation of parental responsibilities. These include:

• The wishes of each parent
• The wishes of the child, considering the child's maturity and ability to express independent preferences
• The amount of time each parent spent performing caretaking functions during the prior two years
• Any prior agreement between the parents
• The interaction and relationship between the child and each parent, siblings, and other significant individuals
• The child's adjustment to home, school, and community
• The mental and physical health of all individuals involved
• Each parent's willingness to facilitate a close relationship between the child and the other parent
• Any history of domestic violence or abuse
• Whether one parent has been the primary caretaker
• The physical proximity of the parents' residences

Notably, the mental and physical health of all individuals involved—including both parents and children—is explicitly listed as a statutory factor. However, this factor carries no automatic weight over the others; courts consider all factors holistically.

Parenting Time Considerations Under 750 ILCS 5/602.7

When determining parenting time schedules, Illinois courts apply similar best interests factors under Section 602.7. Additional considerations for parenting time include each parent's ability to provide a suitable environment, the reasonable expectations of the child, and any physical violence or threat of violence directed against the child or other household members.

The statute explicitly prohibits courts from placing restrictions on parenting time "in order to modify a parent's behavior." This means that any limitations based on mental health must be specifically connected to protecting the child's welfare, not punishing the parent.

How Mental Health Conditions Are Evaluated in Illinois Custody Cases

Illinois courts take a fact-specific approach when evaluating how a parent's mental health condition might affect custody determinations. Simply having a diagnosis is insufficient grounds for limiting parental rights. Instead, courts examine the practical impact of the condition on parenting ability.

The Functional Approach to Mental Health Assessment

Illinois courts have consistently adopted what legal scholars call a "functional approach" to mental health in custody cases. This approach focuses on how a mental health condition actually affects a parent's day-to-day parenting capabilities rather than relying on diagnostic labels or stereotypes.

Key questions courts consider include:

• Is the parent able to provide consistent care, including meeting the child's physical, emotional, and developmental needs?
• Does the condition affect the parent's judgment in ways that could endanger the child?
• Is the parent compliant with treatment recommendations, including medication and therapy?
• Has the parent's mental health condition resulted in any specific incidents affecting the child's welfare?
• Is the condition stable and well-managed, or is it currently in an acute phase?
• Does the parent have adequate support systems in place to assist during difficult periods?

This functional approach recognizes that millions of Americans successfully parent while managing mental health conditions. Depression, anxiety, bipolar disorder, and other conditions are common and highly treatable. A parent who actively engages in treatment and maintains stability may be equally or more capable than a parent without a diagnosed condition.

Illinois Case Law on Mental Health and Custody

Illinois appellate courts have repeatedly emphasized that mental illness alone cannot justify custody restrictions. In In re Marriage of Debra N. and Michael N., the court held that evidence of a parent's mental health condition must be connected to specific impacts on the child's welfare to be relevant in custody proceedings.

The case In re Marriage of Collingbourne, 204 Ill. App. 3d 983 (1990), established important precedent regarding mental health evidence. The court found that while mental health is a relevant factor, courts must examine whether the condition genuinely impairs parenting ability rather than simply assuming impairment based on diagnosis.

More recently, in In re Marriage of Bates, 2019 IL App (2d) 180768, the appellate court addressed modification of parenting time based on a parent's mental health changes. The court emphasized that modification requires showing a substantial change in circumstances that materially affects the child's welfare—merely demonstrating that a parent has a mental health condition or that the condition has worsened is insufficient without evidence of actual impact on the child.

Cook County and other Illinois circuit courts have generally followed these precedents, requiring concrete evidence connecting mental health issues to parenting concerns rather than accepting broad claims based on diagnosis alone.

Types of Mental Health Evidence Courts Consider

When mental health becomes an issue in Illinois custody litigation, various types of evidence may be presented. Understanding what evidence courts find persuasive can help you prepare your case effectively.

Expert Psychological Testimony

Mental health professionals frequently provide testimony in contested custody cases involving mental health issues. Under Illinois law, expert witnesses must be qualified by knowledge, skill, experience, training, or education to offer opinions on matters beyond common understanding.

Courts may hear from:

• Treating psychiatrists or psychologists: These professionals can describe a parent's diagnosis, treatment history, current condition, and prognosis. However, treating providers may be limited in offering custody opinions if they've only treated one parent.
• Forensic psychologists: These specialists conduct comprehensive custody evaluations, including psychological testing, interviews, and observations of parent-child interactions. Their opinions carry significant weight because they evaluate the entire family system.
• Child psychologists or therapists: If the child is in therapy, these professionals may offer observations about the child's adjustment, attachment to each parent, and any concerns about parenting.

In Cook County and throughout Illinois, courts give substantial deference to qualified mental health experts who have conducted thorough evaluations. However, experts' opinions are not binding, and judges ultimately make independent determinations based on all evidence presented.

Custody Evaluations Under 750 ILCS 5/604.10

Section 604.10 of the Illinois Marriage and Dissolution of Marriage Act authorizes courts to order investigations and reports concerning parenting arrangements. These custody evaluations, often called "604.10(b) evaluations," may include psychological testing and assessment of each parent's mental health.

A comprehensive custody evaluation typically includes:

• Clinical interviews with each parent
• Psychological testing (such as the MMPI-2, MCMI-IV, or PAI)
• Interviews with the children
• Observation of parent-child interactions
• Review of relevant records (medical, school, legal)
• Collateral contacts with teachers, therapists, family members, and other relevant individuals

The evaluator prepares a detailed report with recommendations regarding parental responsibilities and parenting time. While judges aren't bound by evaluator recommendations, these reports often prove highly influential in contested cases.

Documentary Evidence and Records

Various documents may become evidence in custody cases involving mental health concerns:

• Medical records: Treatment records documenting diagnoses, medications, hospitalizations, and treatment compliance may be relevant.
• Therapy notes: Records from counseling sessions may provide insight into a parent's mental state and progress.
• Police reports: If mental health crises led to police involvement, these records may be introduced.
• School records: Reports from teachers about a child's behavior and attendance can reflect parenting stability.
• Text messages and emails: Communications demonstrating erratic behavior, threats, or instability may be relevant evidence.

Illinois courts apply standard rules of evidence to mental health records. Medical records generally must be authenticated and may be subject to privilege claims. Under the Mental Health and Developmental Disabilities Confidentiality Act (740 ILCS 110), mental health records receive heightened privacy protections. However, when a parent's mental health is directly at issue in custody litigation, courts may order disclosure of otherwise confidential records.

Lay Witness Testimony

Family members, friends, neighbors, teachers, and others who have observed the parents and children may offer testimony about:

• The parent's day-to-day functioning and parenting behavior
• Changes in the parent's behavior or stability over time
• Specific incidents suggesting mental health concerns
• The child's demeanor and well-being in each parent's care

While lay witnesses cannot diagnose mental illness or offer expert opinions, their factual observations can powerfully illustrate how a mental health condition affects (or doesn't affect) parenting.

Specific Mental Health Conditions and Custody Considerations

Different mental health conditions raise different concerns and considerations in custody cases. While every case is unique, understanding how courts typically approach specific conditions can help you prepare.

Depression and Anxiety Disorders

Depression and anxiety are among the most common mental health conditions, affecting millions of parents. In most cases, these conditions—when properly managed—have minimal impact on custody determinations.

Courts generally focus on:

• Whether the parent is engaged in appropriate treatment (therapy, medication, or both)
• Whether symptoms are well-controlled or frequently debilitating
• Whether the condition has resulted in neglect of parenting responsibilities
• Whether the parent can maintain consistent routines and emotional availability for the child

A parent who manages depression or anxiety effectively through treatment typically faces no custody disadvantage. However, severe, treatment-resistant depression that results in inability to care for children may warrant custody limitations until the condition stabilizes.

Bipolar Disorder

Bipolar disorder presents unique custody considerations because of its episodic nature. During manic episodes, parents may exhibit impaired judgment, reckless behavior, or inability to provide stable care. Depressive episodes may result in withdrawal and neglect of parenting duties.

Courts evaluating parents with bipolar disorder typically consider:

• The frequency and severity of mood episodes
• Medication compliance and response to treatment
• History of hospitalizations and their impact on children
• Whether the parent recognizes warning signs and has a crisis plan
• The involvement of supportive family members who can assist during episodes
• Any specific incidents where mood episodes endangered or negatively affected children

Many parents with bipolar disorder maintain full custody and parenting time when they demonstrate consistent treatment compliance and stability. However, courts may impose safeguards such as requiring continued treatment or designating emergency contacts if stability concerns exist.

Schizophrenia and Psychotic Disorders

Psychotic disorders receive heightened scrutiny in custody cases due to potential safety concerns associated with symptoms like delusions or hallucinations. However, even parents with serious psychotic disorders can maintain parental relationships when their conditions are well-managed.

Critical factors include:

• Current symptom control and medication compliance
• History of dangerous behavior during psychotic episodes
• Level of insight into the condition
• Support systems and supervision available
• The child's age and ability to recognize concerning behavior and seek help

In cases involving psychotic disorders, courts may order supervised parenting time during acute phases while allowing unsupervised time once stability is demonstrated. The key question is always whether the child can be safe in the parent's care.

Personality Disorders

Personality disorders—including borderline personality disorder, narcissistic personality disorder, and antisocial personality disorder—present particular challenges in custody litigation. These conditions often directly affect interpersonal relationships and co-parenting dynamics.

Courts may consider:

• How the disorder affects the parent's relationship with the child
• Whether the parent engages in manipulation, alienation attempts, or high-conflict behavior
• The parent's ability to support the child's relationship with the other parent
• Whether the parent can maintain emotional boundaries appropriate for the parent-child relationship
• Engagement in treatment such as dialectical behavior therapy (DBT)

Personality disorders can be particularly relevant to the statutory factor regarding willingness to facilitate a close relationship with the other parent. Parents with certain personality disorders may struggle with this requirement, potentially affecting custody determinations.

Substance Use Disorders

While substance use disorders are classified as mental health conditions, Illinois courts often treat them distinctly due to immediate safety concerns. Active addiction frequently results in custody restrictions or supervised parenting time.

Courts examine:

• Current sobriety and length of recovery
• Participation in treatment programs and support groups
• History of relapse and circumstances surrounding past relapses
• Whether substance use has endangered the child (driving under the influence, leaving drugs accessible, etc.)
• Results of drug and alcohol testing

Parents in sustained recovery can regain full custody and unsupervised parenting time, but courts typically require demonstrated sobriety over a meaningful period. Courts may order random drug testing, prohibit alcohol consumption during parenting time, or require sobriety monitoring as conditions of custody arrangements.

Post-Traumatic Stress Disorder (PTSD)

PTSD has become increasingly recognized in custody cases, affecting both military and civilian parents who have experienced trauma. The impact of PTSD on parenting varies widely depending on symptoms and triggers.

Relevant considerations include:

• How symptoms (hypervigilance, flashbacks, avoidance, emotional numbing) affect parenting
• Whether the parent's trauma is connected to the child or co-parent
• Treatment engagement and progress
• The parent's ability to manage triggers and remain emotionally present
• Any safety concerns related to startle responses or dissociative episodes

Parents with well-managed PTSD typically face no custody disadvantage. Courts recognize that PTSD is a treatable condition and that traumatic experiences don't diminish parenting capacity when properly addressed.

Protecting Your Parental Rights When You Have a Mental Health Condition

If you have a mental health condition and face custody litigation, taking proactive steps can protect your parental rights and demonstrate your parenting capacity.

Maintain Consistent Treatment

Perhaps the most important step is establishing and maintaining consistent mental health treatment. Courts view treatment engagement as evidence of responsibility and commitment to stability.

Your treatment record should demonstrate:

• Regular appointments with psychiatrists, psychologists, or therapists
• Medication compliance (if applicable)
• Active participation in recommended therapies
• Communication with providers about parenting concerns and challenges
• Adjustment of treatment as needed to optimize functioning

Document your treatment compliance. Maintain records of appointments, prescription receipts, and therapy notes (when possible). This documentation can counter allegations of instability or non-compliance.

Build Your Support Network

Courts look favorably on parents who have strong support systems. Identify family members, friends, or community resources who can assist during difficult periods and testify to your parenting abilities.

Consider:

• Involving trusted family members in your children's care
• Joining parent support groups
• Connecting with mental health support communities
• Establishing relationships with your children's teachers, coaches, and other caregivers

These connections provide both practical support and potential witnesses who can speak to your stable, consistent parenting.

Document Your Parenting

Keep records demonstrating your active involvement in your children's lives:

• School activities, conferences, and involvement
• Medical appointments you've attended
• Extracurricular activities you've supported
• Daily caregiving tasks you perform
• Special occasions and quality time with your children

This documentation can counter any suggestion that your mental health condition interferes with parenting responsibilities.

Address Past Incidents Honestly

If your mental health condition has resulted in concerning incidents in the past—hospitalizations, police contacts, children witnessing symptoms—be prepared to address these honestly. Courts appreciate parents who acknowledge past difficulties while demonstrating subsequent growth and stability.

Work with your attorney to explain:

• What happened and the circumstances
• What you've learned from the experience
• What treatment changes or lifestyle modifications you've implemented
• How long you've maintained stability since the incident
• What safeguards prevent recurrence

Trying to hide past mental health crises typically backfires when discovered. Honest acknowledgment with demonstrated recovery is far more persuasive.

Prepare for Evaluation

If the court orders a custody evaluation involving psychological testing, approach it professionally:

• Be honest with the evaluator—attempts at deception are usually detected and damage credibility
• Provide complete treatment records and releases
• Identify supportive collateral contacts for the evaluator to interview
• Be on time, cooperative, and engaged during the evaluation process
• Focus on your parenting strengths and your children's needs

Your attorney should prepare you for what to expect in the evaluation process and how to present yourself authentically and favorably.

Addressing Concerns About Your Co-Parent's Mental Health

If you have legitimate concerns about how your co-parent's mental health condition affects your children, Illinois law provides avenues for addressing these concerns—but the approach matters greatly.

Focus on Impact, Not Diagnosis

Courts are unimpressed by parents who attack their co-parent's character or try to stigmatize mental illness. To successfully raise mental health concerns, you must focus specifically on how the condition affects your children.

Document specific incidents:

• Dates and times when concerning behavior occurred
• What the children observed or experienced
• How the children were affected (anxiety, missed activities, statements they made)
• Any immediate dangers or safety concerns
• Witnesses to concerning events

General claims like "she's bipolar and unstable" carry no weight. Specific claims like "on October 15, the children called me crying because she hadn't gotten out of bed for two days and there was no food in the house" are actionable.

Seek Appropriate Court Intervention

Depending on the severity and imminence of your concerns, different legal remedies may be appropriate:

Emergency Orders: Under 750 ILCS 5/603.5, courts can enter emergency orders modifying custody when there is immediate danger to the child's physical, mental, or emotional health. If your co-parent is experiencing an acute mental health crisis that endangers your children, emergency relief may be available.

Temporary Orders: During pending proceedings, you can request temporary modifications to parenting time based on mental health concerns while seeking a more thorough evaluation.

Custody Evaluation: Request a 604.10(b) evaluation to objectively assess both parents' mental health and parenting capacity. This neutral assessment can provide evidence supporting your concerns or, alternatively, may demonstrate that your co-parent's condition is well-managed.

Guardian ad Litem: Courts may appoint a guardian ad litem to represent the children's interests and investigate mental health concerns.

Consider Supervised Parenting Time

If your co-parent's mental health condition creates safety concerns but doesn't warrant terminating parenting time entirely, supervised visitation may be an appropriate middle ground. Illinois courts can order supervision by:

• Professional supervision agencies
• Approved family members or friends
• Therapeutic supervision providers

Supervision can be temporary while your co-parent stabilizes or completes treatment, with a path to unsupervised time once safety is established.

Avoid Weaponizing Mental Health

Using mental health as a weapon in custody litigation typically backfires. Illinois courts expect parents to support their children's relationships with both parents. A parent who exaggerates mental health concerns, coaches children about the other parent's condition, or attempts to stigmatize mental illness may be viewed unfavorably.

Judges can usually distinguish between legitimate safety concerns and tactical attacks. Raising mental health issues without genuine, documented basis can damage your credibility and negatively impact your own custody case.

Parenting Plans and Mental Health Accommodations

Illinois law requires divorcing parents with children to submit a parenting plan addressing parental responsibilities and parenting time. When mental health is a factor, parenting plans can include provisions that address concerns while protecting parental relationships.

Treatment Compliance Requirements

Parenting plans can include requirements that a parent continue mental health treatment as a condition of parenting time. Common provisions include:

• Ongoing participation in therapy or counseling
• Medication compliance
• Regular appointments with treating providers
• Periodic verification of treatment compliance

Courts can enforce these provisions through contempt proceedings if a parent discontinues required treatment.

Crisis Protocols

Parenting plans can establish protocols for mental health crises, including:

• Notification requirements if a parent experiences an acute episode
• Emergency contact procedures
• Temporary custody transfer protocols during hospitalizations
• Communication with children's therapists or school counselors

These provisions provide structure and predictability while allowing parents with mental health conditions to maintain their parental roles.

Step-Up Provisions

When a parent is working toward stability, parenting plans can include "step-up" provisions that gradually increase parenting time as the parent demonstrates sustained improvement. For example:

• Initial supervised parenting time
• Transition to unsupervised daytime visits after three months of demonstrated stability
• Addition of overnight time after six months
• Full parenting schedule after twelve months of stability

Step-up provisions provide incentive for continued treatment while protecting children during uncertain periods.

Review and Modification Procedures

Illinois courts retain jurisdiction to modify parenting orders when circumstances substantially change. Parenting plans can include built-in review mechanisms:

• Scheduled review hearings at specific intervals
• Triggers for expedited review (hospitalization, treatment discontinuation, concerning incidents)
• Mediation requirements before litigation over mental health issues

These provisions allow parents to revisit mental health-related restrictions as circumstances evolve without requiring full modification litigation each time.

Cook County Specific Considerations

Cook County, which includes Chicago and surrounding communities, has the largest court system in Illinois and handles thousands of custody cases annually. Several Cook County-specific factors affect how mental health issues are addressed in custody cases.

Domestic Relations Division Resources

The Cook County Domestic Relations Division provides various resources relevant to mental health and custody matters:

• Family Court Services: Provides mediation and evaluation services, including custody evaluations that may address mental health issues
• Court-Approved Evaluators: Maintains a list of qualified professionals for custody evaluations
• Supervised Visitation Resources: Provides information about supervised visitation programs in the Chicago area

Parents in Cook County custody disputes should familiarize themselves with these resources and how they may apply to their cases.

Mental Health Services Access

The Chicago area has extensive mental health resources that courts expect parents to utilize. Parents demonstrating treatment engagement can often access:

• University-affiliated psychiatric services (Northwestern, University of Chicago, Rush, UIC)
• Community mental health centers throughout Cook County
• Specialized programs for parents involved in custody disputes
• Support groups for parents with various mental health conditions

Courts may view failure to access available treatment resources unfavorably, particularly in contested custody matters.

Experienced Evaluators and Experts

Cook County has a deep pool of forensic psychologists and psychiatrists experienced in custody evaluations. These professionals understand Illinois law and local court expectations. Working with experienced local evaluators—whether conducting evaluations or providing rebuttal testimony—can significantly impact outcomes.

Practical Examples and Scenarios

Understanding how mental health issues play out in actual custody situations can help you apply legal principles to your circumstances.

Scenario 1: Well-Managed Depression

Sarah has been diagnosed with major depressive disorder for ten years. She takes medication daily, attends monthly therapy appointments, and has not had a depressive episode requiring intervention in five years. During her marriage, she was the primary caretaker for her two children.

Likely outcome: Sarah's depression should have minimal impact on custody. Her long treatment history, medication compliance, and stability demonstrate she can effectively manage her condition while parenting. Courts would focus on the same factors they would for any parent—her relationship with her children, her ability to meet their needs, and cooperation with co-parenting.

Scenario 2: Recent Bipolar Diagnosis

Michael was recently diagnosed with bipolar disorder following a manic episode that resulted in hospitalization. His wife filed for divorce shortly after. Michael has started medication and therapy but has been stable for only three months.

Likely outcome: Michael's recent diagnosis and limited stability track record may result in initial caution from the court. However, with continued treatment and demonstrated stability, he should be able to work toward full parenting time. The court may initially order a comprehensive evaluation, require continued treatment compliance, and possibly implement a step-up parenting schedule as Michael establishes longer-term stability.

Scenario 3: Co-Parent with Untreated Condition

Jennifer is concerned about her ex-husband David, who she believes has untreated narcissistic personality disorder. David is controlling, frequently demeans the children, and attempts to alienate them from Jennifer. However, David has never sought mental health treatment and has no diagnosis.

Likely outcome: Jennifer should focus on David's specific behaviors rather than attempting to prove an undiagnosed mental health condition. Courts will consider evidence of controlling behavior, parental alienation attempts, and emotional harm to children regardless of whether these behaviors stem from a personality disorder. A custody evaluation might identify personality issues and their impact on parenting, but Jennifer's case should emphasize behavioral evidence rather than armchair diagnosis.

Scenario 4: Substance Use Recovery

Robert has been in recovery from alcohol use disorder for eighteen months. He attends AA meetings regularly, has a sponsor, and has passed all random drug and alcohol tests ordered during his divorce. He seeks joint custody of his three children.

Likely outcome: Robert's sustained recovery and compliance with testing demonstrates responsibility and stability. Courts recognize that people in solid recovery can be excellent parents. Robert should receive meaningful parenting time, potentially including joint custody if other factors support that arrangement. The court may continue alcohol testing requirements and prohibit alcohol use during parenting time as safeguards.

Key Takeaways

• Mental illness alone doesn't determine custody. Illinois courts examine how conditions actually affect parenting, not diagnostic labels. Many parents with mental health conditions obtain custody or substantial parenting time.
• Treatment engagement matters enormously. Parents who actively participate in treatment, comply with medication, and maintain stability demonstrate responsibility and receive favorable consideration.
• Focus on facts, not stigma. Whether you're protecting your own parental rights or raising concerns about a co-parent, courts respond to specific, documented facts about parenting capacity—not generalizations about mental illness.
• Custody evaluations play a significant role. When mental health is disputed, comprehensive evaluations by qualified professionals often prove decisive. Be prepared to participate fully and honestly in evaluation processes.
• Illinois courts prioritize the best interests of children. All custody determinations—including those involving mental health—focus on what arrangement best serves children's physical, emotional, and developmental needs.
• Parenting plans can accommodate mental health concerns. Creative parenting plan provisions can address mental health issues while preserving parental relationships, including treatment requirements, crisis protocols, and step-up schedules.
• Legal representation is essential. Mental health issues in custody cases involve complex legal, factual, and strategic considerations. Experienced family law attorneys can protect your rights while pursuing your goals.

Getting the Legal Help You Need

Custody cases involving mental health issues require sophisticated legal representation. Whether you're protecting your parental rights while managing a mental health condition or seeking to address legitimate concerns about your co-parent's mental health, you need an attorney who understands both

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Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, CEH, ISC2). Illinois Super Lawyers Rising Star 2016-2025.

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