Disabled Parent Can Lose Custody in Divorce

A parents’ worst fear is losing custody during divorce. Even losing parenting and visitation time can be overwhelming for the majority of parents who are accustomed to spending daily time with their children. In a recent study, disabled parents were found to be at a significantly higher risk of losing custody of children after divorce. According to disability advocates, there are a more challenges and biases that can prevent a disabled parent from keeping custody of children in Salt Lake City, Utah and nationwide.

There are approximately 6.1 million children living with a disabled parent. Many advocates for individuals with disabilities believe that the U.S. legal system does not adequately protect the rights of parents with disabilities. Though the Supreme Court has held that every citizen has the right of parenthood, some courts are favoring a non-disabled parent. If this is your situation, please call and speak with a child custody lawyer right away.

Nationwide, parents have lost custody of their children due to disability and many have to continuously fight to retain custody of children. The removal rate is as high as 80 percent for those parents with psychiatric or intellectual disabilities.

In every state, child welfare laws allow the courts to determine when a parent is unfit; however at the time of divorce, any parent can be scrutinized by the system. Terminating parental rights on the basis of disability is a violation of the Americans with Disabilities Act. If you are a parent with a disability and facing divorce you may have additional challenges in court. An experienced attorney can review the facts of your case and help you protect your rights and custody interests.

When There’s an International Abduction Case

Parents often have many concerns after splitting up with each other, such as how much child support will be paid and who will be able to spend time with the children on certain days. Unfortunately, custody matters can be especially challenging for some families in Salt Lake City, and all over Utah. For example, you may be overwhelmed with stress and uncertainty if your child was abducted by his or her other parent and taken out of the country.

If you know that your child was abducted or you are concerned that international abduction may have occurred, you should immediately assess all the details surrounding the situation. In addition to securing all of your child’s documents, you should try to familiarize yourself with relevant laws in the U.S. and the country that your child was taken to.

You should also reach out to the State Department as well as your local authorities and inform them of the abduction. While international abduction may be one of your worst nightmares, you could be able to successfully resolve the matter and protect your child to ensure that they do not have to go through any suffering related to child abduction.

Although these issues can be highly emotional, you should try to remain calm and stay level-headed. If you head over to our age on paternity, custody and visitation, you can take a look at even more information related to the custody of children.

Free Consultation with Child Custody Lawyer

If you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.

Michael Anderson

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.

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