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Disabled parents risk custody loss during 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.

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.


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