What are child custody laws for people with disabilities? 14 Answers as of July 11, 2013

On mental disability what are the laws about child custody. On SSI can someone who is a great father lose a case that proves a lot of bad things about mother (in divorce) if they point out disability. It is light but medicated, can being medicated be used against someone. This is horrible for my son.

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Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
There are several factors a court looks at. Here is a link you may find useful:http://www.jud.ct.gov/lawlib/Law/custody.htm
Answer Applies to: Connecticut
Replied: 6/15/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
First, let me assume that there are no existing parenting plan or custody orders. If there are, then, a different set of rule apply. Therefore, I am going to assume that you are just getting divorced and that there are no existing orders relating to the child. As a practical matter, there are no specific laws relating to disability and "child custody." Instead, what the court is first likely to look at is the nature and extent of the disability and how it impacts your ability to parent the child. If, in the court's opinion, your disability does not impact your ability to adequately parent the child, then, the court should treat the case just like any other parenting plan issue.
Answer Applies to: Washington
Replied: 6/14/2011
Goolsby Law Office
Goolsby Law Office | Richard Goolsby
I would recommend that you retain an experienced divorce and child custody attorney ASAP. You should discuss with your divorce/custody lawyer the good points (and not so good) and potential witnesses who could help your case and, hopefully, that one point alone, will not be determinative. Good luck!
Answer Applies to: Georgia
Replied: 6/14/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
If you are fine while on you medications, that alone would not be the factor that causes the father to not have his son full time. There are many factors that the court uses in making these types of determinations. You would be best served consulting with an attorney to find out what the possibilities are.
Answer Applies to: Connecticut
Replied: 6/14/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
They are the same regardless of whether or not a person is disabled. If the parent with the disability is able to care for the child with reasonable accommodations, then there is no reason to deny custodial time with the minor child. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 6/14/2011
    Komanapalli Massey LLP
    Komanapalli Massey LLP | Mark A. Massey, Esq.
    Mental disabilities, or any disabilities for that matter, are relevant only insofar as they incapacitate the parent from being a parent. If you are capable of preparing meals, getting the child to school, or doing whatever it is that parents normally do, then whatever disability you suffer is not going to matter to the court.The mother's attempts to use your disability as a weapon against you is apt to backfire on her, and rightly so. It will do her no good to allege that you are mentally disabled unless she can also prove that your disability places the child at risk of serious harm when he is under your care. If you show the court that you have taken care of your son during the marriage, especially if you get your ex to admit that she left him alone in your care even if just from time to time, that will undo her argument and make her look like a spiteful idiot. Good luck. If you are able and wish to retain our firm to assist you, please contact us at the number below.
    Answer Applies to: California
    Replied: 6/14/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    The court will do whatever is in the best interests of the child.
    Answer Applies to: Washington
    Replied: 6/14/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    The information you are seeking is highly state specific. {lease consult a local domestic relations attorney. In most states it depends on the illness, the medication, and what is in the best interest of the child.
    Answer Applies to: Ohio
    Replied: 7/11/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Mental disability, SSI, and medication would not in and of itself disqualify you as a custodial parent. The court will look at the mother as well. It sounds like there are a lot of details and issues to your case. You need to speak with an attorney in detail to get an idea of the viability of your custody case. Feel free to contact me and I would be happy to set up a consultation appointment.
    Answer Applies to: Georgia
    Replied: 6/14/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    There are no separate or special rules concerning parents with disabilities. In Colorado, when parents disagree, a Parenting Plan will be determined by the Court solely upon what is in the best interests of a child. The nature of disabilities could well play a part in developing the specific details of a Parenting Plan (for example, a parent who is bedridden and paralyzed from the neck down is not likely to be granted much more than a right to visit with a very young child) but the precise facts and circumstances must be considered. Colorado law presumes that both parents should be involved as much as reasonable possible under the specific circumstances so having a disability does not, by itself, disqualify a parent from being involved.
    Answer Applies to: Colorado
    Replied: 6/14/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    The laws are the same for everyone. Your disability and the medication you take should not prevent you from getting custody. If they adversely impact your ability to care for your child, then you might not get primary custody. One measure of this is whether you've taken care of your son on a daily basis while disabled and on medication during the time your marriage was intact. Oregon law provides: In determining custody of a minor child, the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors: (a) The emotional ties between the child and other family members; (b) The interest of the parties in and attitude toward the child; ( c) The desirability of continuing an existing relationship; (d) The abuse of one parent by the other; (e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and (f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
    Answer Applies to: Oregon
    Replied: 6/14/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    The court will consider all relevant information that effects your parenting. If your disability is managed and doesn't effect your parenting a lot, it should not be a big issue. More important is who has performed the majority of parenting functions and who has a closer relationship to the child and what is in the child's best interest. Those factors may or may not have anything to do with your disability. Good luck.
    Answer Applies to: Washington
    Replied: 6/14/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    It would depend on the disability. If there is a disability that is significant enough to impact one's ability to work and care for a child, then it may be a consideration in a custody matter. If there is a disability which does not impact the ability to function, it would not be relevant in a custody case. You should contact an attorney to discuss the particulars of the disability, the medications required and any impact that it has on the ability to function on a day to day basis.
    Answer Applies to: California
    Replied: 6/14/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Custody cases revolve on the specific facts of each case, which you omitted, making your question unanswerable. I would assume that you cared enough to have a lawyer, and your lawyer should be able to answer based on his specific knowledge.
    Answer Applies to: Georgia
    Replied: 6/14/2011
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