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Does Disability Affect Child Custody?

According to statistics, close to 7 million American parents of children below the age of 18, currently live with some sort of disability. Child custody issues are often emotional and contentious, and even more so when one of the parents suffers from a disability.

Your disability does not automatically make you ineligible for custody of your child. However, it can affect the way the court perceives your ability to care for the child. While making any decision on child custody, the court’s primary concern will be your ability to be a good parent and take care of the child. The court will determine whether the disability affects your ability to care for the child and take care of all of his needs. If the court finds that your disability could be detrimental to the child’s overall physical, mental or emotional well-being, then it could refuse custody to the disabled parent.

Disabled parents may feel that they are under greater pressure to prove that they are capable of taking care of their children. To learn more about how your disability will impact your child custody dispute, speak with a Colorado divorce lawyer.

If you suffer from a mental disability, you may face the highest amount of discrimination. Parents with a mental disorder have a child removal rate that is as high as up to 80%. Between 40% and 80% of parents who suffer from an intellectual disability have their child removed from their home. Physical disability may have the least removal risk. In families where one parent had a physical disability, 13% of parents reported that they had a child removed from their care.

If you suffer from any kind of disability, don’t automatically assume that the court will not grant you custody. Discuss your case with a Colorado divorce lawyer

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