Child custody for disabled parents is generally considered hard nuts to crack. Various legal standards are applied to all parents with the primary consideration of being in the child’s best interests. However, the physical and emotional disability of the parent should not be considered a barrier to child custody.
Courts have the principle that there must be complete rights for disabled parents, and it should not affect the child’s rights. Therefore, in this article, we will understand the child custody rights of disabled parents in Huntsville. You can also learn more about this topic from a divorce attorney in Huntsville, AL.
What are Child Custody Rights for Disabled Parents?
- Best Interests of the Child: Courts always prioritize the best interests of a child while making court custody decisions. If the parents are disabled, then it will also be one of the critical factors for child custody. Courts will assess how the disability will affect the child and whether it will be suitable for the child to stay with the disabled parents or not. So, there are various factors which will be considered for providing child custody to disabled parents.
- Parental Disability is the Essential Factor: The disability will not be the sole factor in determining the child’s custody. The court will consider various factors to decide the child’s custody. For instance, there will be consideration of disability before assigning custody.
- Reasonable Accommodation: When there is a matter of custody, the court sees whether there can be chances of accommodation, residence facilities, location and other points where children can stay and fulfil their needs. If the parents are physically disabled, then the extent of disability and the physical resources available for the child.
- Expert Testimony: In some custody cases, there is consideration of expert testimony, which will clarify whether the disabled parent can take care of the child or not. There will be physical, psychological and medical experts who will assess the situation to provide insights into the impact of the disability on the parent-child relationship.
- Parenting Plans: If co-parenting is considered, an assessment of how both parents will view the parenting visits and schedules will be assessed. This will specify how the parenting responsibilities will be shared, taking into consideration the particular disability of the parent. Courts encourage such circumstances in which the parents must work together in custody cases.
- Modifications of Court Orders: The court’s order doesn’t need to be permanent; there can be modifications in the court’s orders. If the disabled parent’s condition changes, there will be modifications in the court’s orders, if required.
So, these are some of the essential points about child custody to the disabled parent. The disabled parent doesn’t need to be deprived of their rights of custody. However, you must consult an experienced lawyer before moving the case to court.