Make It Clear Your Disability Does Not Risk Your Child Custody

On Behalf of | Dec 29, 2022 | Child Custody |

When you think of courts ruling against one parent or another for child custody, you might automatically think of a couple of scenarios. These scenarios may include drug use, neglect or even abuse.

Proving that a parent engages in these harmful behaviors may help children find their way to the safer living situation. However, some cases of child custody involve harmful allegations about disability. It might feel overwhelming if your spouse claims that your disability rules out your possibility as a parent.

Disabilities in parenting

According to the National Council on Disability, there are approximately nine million parents with disabilities in the United States. They also report that many states still have child custody laws that permit your disability as an acceptable reason to deny custody — or even visitation.

This might sound frustrating, especially if you have performed your duties as a parent all the way up to the divorce.

Proving your right to parent

Like any child custody consideration, courts look at several facets. This includes your parenting responsibilities, the best interests of your children and even your children’s opinion if they are old enough. Your disability should not disqualify you from continuing to prove your parental duties.

Potential avenues of defense include:

  • Documentation of your ability to parent
  • Expert testimony that your disability does not hinder your ability
  • Medical approval of your parenting abilities

When facing these allegations, it is important to lean on your information and resources. Proper documentation and evidence in a child custody case may help alleviate these hurtful allegations.

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