Do Parental Disabilities Affect Child Custody Arrangements?

The question of whether disabled parents’ custody over their children and how parents with disabilities could affect child custody and visitation rights will often arise. As commonly stated disability is not inability but parents with disabilities may encounter prevalent judgment in child custody and visitation battles. However, the physical and mental ability of both parents are very important in determining a child’s safety and welfare.

Laws governing child custody differs from state to state hence it is important to find out the kind of laws that apply in your state. Irrespective of the state you are in there are some important factors to deliberate on when it comes to disabled parents and child custody issues. In consideration but not limited by the law is the question of whether the parents disability could hinder their ability to perform parental obligations, if there is need for helpful facilities or adaptive gear and any other elements that disabled parents may have in their home to help provide the right kind of care to their children. The law tries to outline the severity of the disability and the consequence or side effects it may have on the child.

Each situation involving disabled parents is distinctive and as a result, the conclusion of whether a parent’s disability will affect custody and visitation rights should be looked at on a separate basis. The good thing about the participation of the law is that all states use the best interest of the child standard to determine whether the parent can maintain custody of the child or not. However, this cases can be expensive as they involve exert opinions and evaluations to dismiss accusations and misrepresentation. An expert opinion in these battles is more or less essential, especially when it is expected that misrepresentation about the disability and the parent’s ability to be responsible for care to their child may be produced in court.

Attorneys to the disabled parents play a vital but difficult role in ensuring that disabled parents get the rights they deserve. They should be prepared to present valid evidence that the disability should not hinder the parent’s ability to perform their parental obligations so as to ensure that the court recognizes the simple facts about the ailment and its signs. Since mental and physical capabilities of a parent may affect their ability to care for their child, the issue figures importantly in the case. Nevertheless, disabled parents still have rights towards their children even if the court does not rule in their favor.

In circumstances when the court doesn’t grant you legal custody over your child, the judge on the case can still grant you whichever visitation your condition allows you to. Moreover, disabled parents may receive the favor of having regular telephone calls, the right to be present at school functions and visit your child’s school and the right to go through their medical records to ensure their health and safety. Regardless of your disability, you may still play a key and affirmative role in your child’s well-being.

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