Child custody challenges resulting from a parent’s disability

On behalf of Stange Law Firm, PC posted in Child Custody on Friday, October 27, 2017.

Some Illinois parents may fear that they may lose custody of their children due to a disability. These fears are not unfounded as courts have continued to interfere with the rights of disabled parents to raise their children.

One woman faced an unexpected court battle in 2009 after her former boyfriend filed for custody of the former couple’s 10-week-old son. The former boyfriend claimed that the woman, a veteran who was a quadriplegic, was not fit to care for the infant. The boy’s mother refuted the claim and demonstrated that she did have the ability to provide proper care for the child. She reportedly worked with an occupational therapy program that helped her prepare for carding for a newborn before the birth of her child. Additionally, she had outfitted her home with the equipment needed and that she had personal assistants available to help.

The court case lasted a year and half before a custody agreement was reached. In the end, the father of the child was granted visitation rights. However, the woman told reporters that she was disappointed that the courts still allowed others to question her ability to care for her child based solely on her disability.

Being accused of not being able to care for a child because of disability can be a blow for many parents, especially if they took steps to ensure that they had the skills and tools to provide the care needed. A family law attorney may represent those who are facing child custody challenges solely based on the fact that they are disabled. The attorney may provide evidence that demonstrates that a parent is perfectly able to care for the child’s everyday needs.

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