A parent’s disability doesn’t automatically give grounds to deny custody. Massachusetts courts take various factors and circumstances into account before arriving at a decision. Even so, as a parent with a disability, you still might face challenges in the court.
How can mental disability affect child custody?
People often stigmatize mental health conditions such as depression, anxiety or bipolar disorder. As a result, many capable parents are forced to fight against prejudice. In many cases, the other parent or the social worker may argue that your condition makes you emotionally volatile or unpredictable, putting the child’s safety at risk.
Does physical disability impact your parental fitness?
A physical limitation doesn’t make a person incapable of parenting. In fact, over four million parents with disabilities have minor children in their custody. They are all taking care of their children, albeit in a different way than others. Yet, the other side may make unfair judgments about your ability in court. They may invent worst-case scenarios to portray you as less capable of caring for your child.
What actually matters
Family court generally considers what is best for the child. As a result, the court expects the parent seeking custody to demonstrate the physical and mental capacity to care for the child. So, regardless of your medical condition, you should be able to prove to the court that you are capable of meeting your child’s daily needs without any hurdle.
How can you protect the custody of your child?
Parenting is a fundamental right under both the Massachusetts and the U.S. Constitution. Additionally, the Americans with Disabilities Act (ADA) protects you against disability-based discrimination. While you have legal rights protecting you from discrimination, there can be a lot of unexpected hurdles down the road. Having an experienced child custody attorney can be helpful.
