Search

Social security denial - a journal of assistance

How To Fight For Child Custody If You Have A Disability

13 January 2015

Alexis Garcia

If you have a disability, can you win custody of your child? A report issued by the National Council on Disability says it is a battle for some parents to retain their rights because of a physical, cognitive or mental disability. The 445-page report states that parents with disabilities continue to lose child custody despite laws that say you cannot be discriminated against. If you find yourself facing the courts over your right to be a parent simply because of a disability, what can you do to fight back?

Learn About the Laws in Your State

Each state has different laws regarding child custody issues. For example, in California, the law is concise, explains website Child Custody Coach. The state is prohibited from using a disability as a reason for taking a child away from a parent. Some states fail to address the problems parents with disabilities face adequately, however. 

You need to know if this specific issue is covered by the laws in your state. You will require a lawyer to represent you in court, but it would be helpful to know before hiring an attorney a little about the law in your state. FindLaw offers links to all the child custody laws broken down by state.  

Hire an Attorney

Find an attorney with experience representing the disabled. The American Bar Association website offers a listing state by state that provides information about each attorney. You can also check with disability support groups or organizations for advice. If you are hiring an attorney, ask about success rates in child custody cases like yours and for references.

If you can't afford an attorney, someone might take your case pro bono, or for free. The American Bar Association also provides a listing of attorneys that do pro bono work by state.

Create a Home Environment that Supports the Needs of Your Child

Any child custody battle will include home inspections. It is critical that you establish an environment conducive to raising a child.

Build a support a system – This will be one of the first things the examiner will for when evaluating your situation. If possible, try to live near family or close friends. This shows there is someone in your corner willing to help you raise your child.

Be prepared to prove you manage your condition – That means knowing your limitations and finding ways to manage them – for instance, staying on your medication if you have a mental disorder like schizophrenia. Create a record that shows you manage your disability successfully. If necessary, keep logs that indicates how much of each medication you take it daily and present it to the examiner as proof of compliance. 

Get your doctor on board – Medical testimony will be part of the process. Your doctor might be willing to write a letter of recommendation or even appear in court on your behalf when the time comes. Your legal team can look for experts that can testify about your disability and abilities as a parent, as well.

Don't Give Up

It may be a battle to keep your child, but it is worth the effort. The Americans with Disabilities Act protects your rights as a parent, but that doesn't guarantee you custody of your child. The report issued by the National Council on Disability proves that is not the case. It states that one in every 10 children in the U.S. has at least one parent with a disability, yet misinformation and biases still remain in play in the court system. It is your job as a parent with disabilities to change that thinking. 

Share