Custody matters can be complicated and emotionally charged in the best of situations. But for parents living with disabilities or those receiving benefits such as SSDI, SSI, or VA compensation, custody matters can feel even more overwhelming. Many disabled parents worry that their disability will unfairly influence how courts will view their parenting ability and their custody rights. Fortunately, judges recognize that parenting is far more than just physical tasks.
Disabled parents have every right to maintain custody of their children. While the process may seem complicated, you don’t have to navigate it alone. The family law attorneys at Melone Hatley, P.C. are here to be your staunch advocates during this critical time.
Understanding Types of Custody
For any parent, but especially one living with a disability, it’s important to understand the types of custody the court may consider in your case. Knowing these distinctions can help you advocate for a custody arrangement that can reflect both your parental rights and your child’s needs.
A disability does not automatically prevent a parent from being awarded any specific type of custody. In fact, with the right support in place, a disabled parent can successfully manage all aspects of legal or physical custody.
The main types of custody that are available in most states include:
- Sole legal custody, where one parent has the exclusive right to make decisions about the child’s health, education, and welfare
- Joint legal custody, where both parents share the right and responsibility to make decisions about the child’s health, education, and welfare
- Sole physical custody, where the child primarily lives with one parent. The other parent, commonly known as the noncustodial parent, may have some custody rights, as well as visitation rights with the child.
- Primary physical custody refers to the parent with whom the child lives most of the time, even when parents share joint physical custody.
Courts generally favor some form of joint custody whenever it is in the child’s best interest. This preference is based on the widely accepted view that children benefit from having frequent, meaningful contact with both parents.
Courts recognize that maintaining strong relationships with both parents supports a child’s emotional, psychological, and developmental well-being. As long as both parents are capable of contributing to the child’s care and decision-making, regardless of disability, joint custody is often the goal.
Schedule your free meeting with our team today to see if our Lawyers can help you.
Federal Protections for Parents with Disabilities
Two major federal laws offer protection for parents with disabilities:
- Title II of the Americans with Disabilities Act (ADA) of 1990, and
- Section 504 of the Rehabilitation Act of 1973.
These laws prohibit child welfare agencies and courts from discriminating against parents based solely on a disability, including custody decisions that determine where the child lives and who has visitation rights. This means that courts cannot deny custody or limit visitation rights simply because a parent is disabled. Instead, courts must consider the whole picture: how a parent’s condition affects their ability to meet their child’s needs, what support systems they have in place, and how they’ve adapted to their challenges.
These legal protections apply broadly, encompassing physical, intellectual, and mental disabilities and health conditions. The court may not dismiss a parent as a suitable custodial parent solely on the basis of their disability. Instead, the court must consider facts and individual capabilities, not assumptions or stereotypes:
- What limitations does the parent’s disability impose on them?
- How well has the parent adapted to limitations caused by their disability?
- Does the parent have access to equipment, technology, treatments, or other means that can help them cope with their disability?
- Do the parent’s family members support them? What is their relationship with the parent, and how could that assist the parent in caring for the child?
What Other Factors Can the Court Consider?
The central focus of any custody decision is always the best interest of the child. To determine what is in the child’s best interest, the court will also consider:
- The child’s age, physical health, and emotional well-being
- Each parent’s mental and physical condition
- The strength of the relationship between the child and each parent
- The ability of each parent to meet the child’s needs
- Any history of domestic violence, neglect, or substance abuse
- Other relevant details that reflect on each parent’s capacity to care for the child.
Having a disability should not, on its own, be viewed as a barrier to custody. Courts are required to look deeper and assess a parent’s overall ability to care for and nurture their child.
Click to contact our family lawyers today
Why Disabled Parents Should Get a Parental Assessment
Family courts want to see evidence that parents will be able to meet their child’s needs and serve their best interests. In some cases, it may be beneficial for a parent with a disability to undergo a parental assessment, which can provide an evaluation of the parent’s ability to care for the child. These evaluations are conducted by professionals trained to assess parenting capabilities in the context of a disability. When performed properly, a parental assessment can provide an individualized and fair evaluation of how a parent functions day-to-day and what support is available to them.
Assessments take place in the regular home setting by an assessor using real-world observations set out in the Guidelines for Assessment and Intervention with Persons with Disabilities published by the American Psychological Association. The assessment must evaluate the parent’s actual abilities and avoid basing conclusions on outdated stereotypes about disabilities or their effect on an individual’s ability to care for their child. A positive assessment from an impartial professional can weigh heavily in a custody case when one parent is disabled.
Schedule a call with one of our client services coordinators today
Advocating for Your Rights as a Disabled Parent
Having a disability does not disqualify you from being a capable, loving parent. In fact, many disabled parents use their experiences to teach their children about empathy, resilience, and finding independence against all odds. However, we know that stigma and bias still exist in the family court system. This is why it is essential to have strong legal representation.
You deserve a fair and respectful evaluation of your parenting abilities. If you are concerned about how your disability might affect your custody case, we are here to help.
At Melone Hatley, P.C., our family law attorneys are dedicated to helping parents with disabilities safeguard their rights and remain actively involved in their children’s lives. Whether you are just beginning a custody matter or are concerned about how the court may perceive your disability, we’re here to guide you through every step. Contact us online or call us at (800) 479 – 8124 to schedule a free consultation with one of our Client Services Coordinators.
Schedule a call with one of our client services coordinators today.
