Menu Contact
Cruz & Bano, P.A.
Call Us At
407-459-1293
Hablamos Español
Cruz & Bano, P.A.

What are the child custody rights of disabled parents?

Raising a child with special needs can be challenging and taxing on parents, but what about parents with disabilities raising children? While those living with physical, behavioral, emotional and mental disabilities have the capability to have children and raise them like any other parent would and could. However, in most cases one parent has a disability while the other does not. This makes for an easier environment for both the parents and child. But what happens when these parents divorce?

What are the rights of a disabled parent when it comes to child custody? The simple answer to this is that it depends on the type of disability and the severity of the disability. Courts will always look at the best interests of the child. While this might mean maintaining the relationship with both parents, it might develop a more accommodating custody arrangement to ensure the basic needs of the child are met while also providing an environment that promotes emotional and mental wellbeing.

With regards to mental illnesses, some states laws consider this a severe enough condition that a parent could lose custody of their children. In some cases, he or she could be stripped of their parental rights. The loss of custody for parents living with mental illnesses is fairly high across the nation, ranging between 70 to 80 percent. It was found that only one-third of children with a parent suffering from a serious mental illness are being raised by that parent.

Because all people have the right to bear and raise children without the interference from the government, it takes a serious situation for the government to intervene. This occurs when it is for the protection of the child. If a disability could result in imminent danger or perceived imminent danger or harm, the courts might award primary custody to the other parent.

Because the goal is to meet the best interests of the child, courts sometimes have to make difficult decisions. However, parents who may have lost their custody or parental rights should understand that this is not a forever situation. It is possible to fight this decision and assert your legal rights. Getting treatment or showing improvement or accommodations could prove to the court that you could maintain a safe and nurturing environment for the child, allowing you visitation or joint custody of your child.

Source: Healthyplace.com, "Parents with Mental Illness and Child Custody Issues," May 30, 2017

No Comments

Leave a comment
Comment Information
Email Us For A Response

Tell Us About Your Legal Concerns We’ll Tell You How We Can Help

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Information

Phone: 407-459-8825
Fax: 888-975-6161

MAIN OFFICE LOCATION
390 N. Orange Ave.
Suite 2350
Orlando, FL 32801

Phone: 407-459-1293
Fax: 888-975-6161
Map & Directions

SATELLITE OFFICE LOCATION
4700 Millenia Blvd.
Suite 175
Orlando, FL 32839

Phone: 407-459-1293
Fax: 888-975-6161
Map & Directions

SATELLITE OFFICE LOCATION
12001 Research Pkwy.
Suite 236
Orlando, FL 32826

Phone: 407-459-1293
Fax: 888-975-6161
Map & Directions

SATELLITE OFFICE LOCATION
255 Primera Blvd.
Suite 160
Lake Mary, FL 32746

Phone: 407-459-1293
Fax: 888-975-6161
Map & Directions

SATELLITE OFFICE LOCATION
274 Wilshire Blvd.
Suite 209
Casselbery, FL 32707

Phone: 407-459-1293
Fax: 888-975-6161
Map & Directions

SATELLITE OFFICE LOCATION
7208 West Sand Lake Road
Suite 305
Orlando, FL 32819

Phone: 407-459-1293
Fax: 888-975-6161
Map & Directions