Can I Lose My Parental Responsibilities if I Have a Disability?

 Posted on June 23, 2020 in Child Custody

Millions of parents in the United States suffer from emotional, physical, and intellectual disabilities. Within the state of Illinois, over 3 million people have children under the age of 18. Of those 3 million or so parents, 177,500 suffer from a disability. Despite the Americans with Disabilities Act (ADA) established in 1990, parents are still experiencing discrimination within their parental rights due to their disability. If you or your spouse is seeking a divorce, and you are worried about the future of your parental responsibilities because of your disability, it is important to consult with a family law attorney to protect your rights.

The Americans With Disabilities Act

The Americans With Disabilities Act (ADA) was passed on July 26, 1990, by President George H.W. Bush. The ADA forbids discrimination and promises that those with disabilities are allowed the same rights as everyone else, including equal employment opportunities, participation in state and local government programs and services, and fair legal settlements. Although parents with disabilities may be able to provide exceptional care for their children, the court always considers the best interest of the child when making a final decision. To determine this, a judge will look at factors such as the relationship between the child and each parent, and the age and health of the child. 

The Child’s Best Interest

In a perfect world, the court wishes for both parents to play a role within a child’s life. However, some circumstances may not allow that. The court reserves the right to lessen, or even terminate parental responsibilities if there is evidence that one parent is not fit to raise a child based on his or her disability.  

The court looks at whether the parent is capable of caring for the child and whether the parent’s disability will improve in the near future to where the parent could assume his or her responsibilities without issue. The other parent must offer evidence and an explanation to display why the disabled parent should not receive any or as many rights.

Contact a Lombard, IL Family Law Attorney

To protect your parental rights, contact a DuPage County child custody lawyer from the accomplished law firm of A. Traub and Associates. We understand the importance of keeping your family dynamic together and will fight for it to remain intact. We can provide legal advice, address what we believe may occur in court, and answer any questions you have regarding the allocation of your parental responsibilities. Call our office today at 630-426-0196 to schedule a private consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

https://www.lookingglass.org/pdf/States-Data/Illinois-number-disabled-parents-with-children.pdf

https://www.ada.gov/ada_intro.htm