Could a Disability Cause You to Lose Custody of Your Child?
Posted on November 19,2024 in Child Custody
Consider the following scenario: A divorced mom who has been designated as the primary residential parent begins having medical issues a few months after the divorce is final. As the symptoms become worse, the mother makes an appointment with her doctor and, after testing, is diagnosed with multiple sclerosis.
The divorce and allocation of parental responsibilities were not exactly friendly, and the child’s other parent, upon finding out about the medical diagnosis, now threatens to take the mother back to court and ask for a change in parental responsibilities. This has created extreme anxiety for the mom; on top of a serious medical diagnosis, her designation as the primary residential parent could be removed.
While the mom’s medical diagnosis could result in her inability to walk at some point in the future, for now, she is managing well and taking care of the couple’s eight-year-old son just fine. A situation like this can benefit significantly from speaking to a knowledgeable Wheaton, IL parental responsibility attorney from Andrew Cores Family Law Group.
Could a Court Discriminate Against an Individual with Disabilities Regarding Parenting Time?
There are millions of parents across the country who suffer from an emotional, physical, or intellectual disability. In the state of Illinois alone, of the more than three million people with minor children, a significant number of those parents have a disability. The Americans with Disabilities Act (ADA), which was passed in 1990, forbids discrimination while granting those with disabilities the same rights as everyone else.
A family court judge is not allowed to discriminate against a parent when it comes to the allocation of parental responsibilities simply because that parent has a disability. The judge is required to use a multi-factor analysis to determine how the best interests of the child will be served by the varying custody decisions.
A parent with a disability may have no trouble caring for his or her child. While this could change in the future as the illness progresses, as long as the parent with a disability remains able to care for the child and meet the child’s needs, most family courts would see no reason to change a previously determined allocation of parental responsibilities.
Could a Disability Change the Allocation of Parental Responsibilities?
The court will consider the current relationship between the child and both parents, with the goal of allowing both parents to continue to have a role in the child’s life. If the non-disabled parent in the scenario above claims a substantial change in circumstances warrants a change in the allocation of parental responsibilities, the court must hear the arguments for and against such a change.
The non-disabled parent will be required to prove it is not in the child’s best interests to continue the current allocation of parental responsibilities. The parent with the disability could have his or her current allocation of parental responsibilities lessened or even terminated only if the court finds the parent is unable to care for the child.
This means that a parent with a disability is unlikely to face changes in the allocation of parental responsibilities unless it can be definitively shown that it is not in the child’s best interests to be in that parent’s care. Many disabilities can be managed, allowing the parent with a disability to continue to care for and have a solid relationship with his or her child.
Contact a DuPage County, IL Allocation of Parental Responsibilities Lawyer
If you are facing the loss of parental responsibilities due to a disability, it is important that you speak to a knowledgeable Wheaton, IL allocation of parental responsibilities attorney as quickly as possible. Attorney Andrew Cores has been recognized as an Illinois Super Lawyer since 2012 and is currently a Fellow of the Collaborative Law Institute of Illinois. When you choose Andrew Cores Family Law Group, you have taken an important first step toward a positive resolution of your family law issue. Call Andrew Cores Family Law Group to schedule your free consultation.
