Will A Disability Hurt My Chances Of Getting Custody?

wheelchairQuestion:

I’m a quadriplegic and was wondering if that will hurt my chances of gaining custody of my children?

Answer:

While I am not licensed to practice law in your state and am unable to give you legal advice, I can give you some general observations on this issue based on the jurisdiction where I practice.

Where I do practice in Virginia, a disability can have an impact on the custody of children. When deciding on custody, the court will look at the best interest of the child. This is a multi-factor test.

One of the factors included the parent’s ability to care for the child/children. Disability can often have a huge impact on a parent’s ability to provide care.

So, it would likely depend how hold the children are in order to decide the complete effect your disability has on the care of the children. A 12-year-old would be much more manageable than an infant.

That being said, sometimes you will get the best results by negotiating with the mother. Coming to an agreement outside of court regarding your custodial rights might net you the most time with your children.

Child custody is very fact-specific and requires a specialized knowledge of local law. For these reasons I would suggest you contact an attorney who specializes in family law matters in your jurisdiction.

Remember, I am unable to provide you with anything more than tips on marital property, so please contact an attorney in your jurisdiction to obtain specific advice as to the laws of your and how they impact your case.

To arrange an initial consultation to discuss property rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.

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