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Kaz
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Reged: 12/25/06
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Disability and Child Custody
      #180089 - 12/25/06 10:43 AM

I'm actually inquiring for my sibling. Does anyone know whether or not disability of one of the parents has any effect on child custody cases? Her husband constantly threatens that he would get sole custody based only on the fact that my sister is disabled. Any information, precedence, etc. would be greatly appreciated.

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Gecko
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Re: Disability and Child Custody [Re: Kaz]
      #180098 - 12/25/06 11:23 AM

Yes...depending on the disability, it can greatly impact custody.

Obviously, someone who requires assistance themselves, would be unable to properly care for a child and therefore should not have custody. It doesn't mean that they are a "bad" parent...it's a question of safety.

Also, someone who has a degenerate disability...meaning that they will get worse, should also not have full-time care of a child...again, it's a safety issue, NOT that they are a "bad" parent.

Maybe if related the nature of your sibling's diability, I could answer your question better.

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Kaz
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Reged: 12/25/06
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Re: Disability and Child Custody [Re: Gecko]
      #180163 - 12/25/06 10:12 PM

She has relapsing-remitting multiple sclerosis. Her husband has been arrested for domestic violence a few times I believe. I know the only thing keeping her in this marriage is fear of losing her children.

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Gecko
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Re: Disability and Child Custody [Re: Kaz]
      #180242 - 12/26/06 04:30 PM

Hmmmmm...she may not have much of a choice if what I am reading below:

RRMS characterised by relapses (also known as exacerbations) during which time new symptoms can appear and old ones resurface or worsen. The relapses are followed by periods of remission, during which time the person fully or partially recovers from the deficits acquired during the relapse. Relapses can last for days, weeks or months and recovery can be slow and gradual or almost instantaneous.

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If you air your dirty linen in public, expect people to comment on the skid marks!


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Kaz
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Reged: 12/25/06
Posts: 3
Re: Disability and Child Custody [Re: Gecko]
      #181178 - 12/29/06 12:44 AM

Yes that is a very accurate description of her disease. She doesn't use a wheelchair and is independent, but has bad periods, and the good periods get fewer and less "good."

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Gecko
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Re: Disability and Child Custody [Re: Kaz]
      #181258 - 12/29/06 11:28 AM

I understand that she doesn't want to "lose" her children, but has she considered that she is endangering them? As you said, she has "bad periods" and they are getting worse...how does she expect to care for them?

As her husband's DV charges...NOT to make light of them, but how many of them are directly related to her illness or rather her "bad periods"? Quite frankly, in certain situations cops will often arrest the person who is...how do I put it...more "reasonable". So if these issues occured during one of those "bad periods", it could be that HE was in reality the "victim".

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If you air your dirty linen in public, expect people to comment on the skid marks!


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