Why Your Disability May Affect Your Chances Of Getting Child Custody

As a disabled parent fighting for their child's custody, you are probably wondering whether your disability may affect your chances of success. The truth is that courts make custody determinations based on the best interest of the child. Therefore, anything that can affect your child's well-being, which may include your disability, will be taken into consideration. Here are four examples of situations in which your disability may jeopardize your child custody aspirations:

You Take Drowsy Medications

Some medications may make you lose consciousness for some time; that may happen as a side effect or direct effect of the medication. Examples include narcotics, anti-anxiety medicines, and antidepressants, among others. You will be the first to agree that it can be difficult to take care of a child if you are taking such medicines on a regular basis. This is especially true if the child is still young and needs constant parental care.

Your Have Mobility Issues

You may also face an uphill battle with your custody plans if you have a physical disability that makes it difficult for you to move, maneuver around the house or generally take care of yourself. It can be difficult to take care of a small child if you can't even take care of yourself. For example, if you have a paralysis that makes it difficult for you to cook, clean the house or prepare the bed, it will be difficult to do those things for your child.

You Have Violent Tendencies

It is not just physical disabilities that may affect your chances of getting child custody; in fact, mental disorders may play a bigger role than physical disability. Consider the example of a parent with a mental disability characterized by periodic flares of violence. Leaving a defenseless child under the care of such a person is definitely detrimental to the child's well-being. 

You Have Limited Mental Functions

Lastly, a mental disorder that has severely limited your mental or cognitive functions may also place you at a disadvantage when it comes to the custody determination. In such a case, it can be difficult to identify and provide for your child's needs. You may also find it difficult to provide security for your child.

The good news is that disability rarely means an automatic denial of child custody. Even if it does influence the decision, and you don't get full custody, there are other forms of custody or visitation rights you may be granted. Talk to an attorney, such as from Anderson Legal Group, P.C., to help you evaluate your options and bolster your chances of getting custody.