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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 472
Experience:  Attorney with 13 years experience.
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If a custodial parent becomes disabled what happens to the

Customer Question

If a custodial parent becomes disabled what happens to the child
Submitted: 12 months ago.
Category: Family Law
Expert:  mmdesq replied 12 months ago.

Good Morning,

I will try to best answer your question.

Your question posted is pretty general. I will try my best to answer the point that I am assuming you are trying to resolve. If I have misinterpreted your question please let me know and I can try to reply with a more specific answer.

Being disabled alone will not cause a disabled parent to lose custody. The test for custody is what is in the best interest of the child not what is in the best interests of either parent. I don't know what are your exact disabilities. Are you are 100% disabled and unable to do anything or whether you just have limitations. I also don't know the number of children or the ages of the children. Obviously, the older the children and the less amount of your limitations the less important the disability is. If you are a quadriplegic and are taking care of a newborn obviously that would be a problem. I'm assuming you are not a quadriplegic and the child is not a newborn. If you are able to provide or perform the basic necessities for a child, food, clothing, shelter then the disability would have a minimal impact in the overall custody question.

The best interest of the child standard is a nebulous concept which is subject to much interpretation by the finder of fact. It is supposed to consider all aspects of the child's life such as physical and mental health issues, educational issues, spiritual issues, moral issues, etcetera. You also maybe available more time for your child then other parent because of their work schedule. So in some instances your disability could be an advantage. Unfortunately this question is pretty fact specific and this text and answer format is not the best way to answer. If you have further questions I would suggest we do a phone consultation for an additional fee. I will send you an offer proposal if you are interested..

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