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Child Custody Blog was created to provide our visitors with helpful and news worthy content, information, media, and commentary on the subject of Divorce and Child Custody. While this blog is primarily textual, you will find images, video and other media related to custody and divorce such as famous child custody battles, famous divorces, custody tips and more...

Disability and Child Custody - Are Disabled Parent’s Handicapped in Family Court?

November 27th, 2010 · No Comments

Parent’s with a disability have been rightfully concerned about whether their disability can effect child custody and visitation. Many states still remain silent on this issue or do not have adequate laws to protect disabled parents in child custody proceedings. Additionally, the states with inadequate laws to protect disabled parents leave these parents with minor children going through a separation or divorce exposed to unnecessary and often expensive litigation even in cases where the disabled parent had been successfully parenting their children for many years prior.

Fortunately, there has been much progress on child custody laws for disabled parents. In fact, several courts have ruled that a parent’s disability cannot be the sole basis upon which custody is denied. In late August 2010 in California, Governor Arnold Schwarzenegger signed SB 1188 into California law which will give disabled parents substantial protection in California child custody law cases. SB 1188 shifts the burden of proof onto the parent who raises the disability as an issue and the states as disability can no longer be used to form the basis of custody or visitation orders. SB 1188 will add Section 3049 to the California Family Code. This law goes into effect January 1, 2011.

However, child custody laws vary from state to state so you’ll want to become familiar with the statutes and laws in your state on this subject. For additional information visit my full article on disability and child custody. For legal advice you’ll want to speak with a child custody attorney about your situation and the laws in your state.

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