The mere fact that a father has some sort of disability does not, in and of itself, affect his ability to enjoy his rights as a father, according to the American Bar Association Section of Family Law. In other words, a disabled father possesses the same rights as any other father regarding his children, provided the exercise of those rights do not threaten the best interests of his children.
Types
A father with a disability possesses the right to seek both legal and physical custody of his children. Legal custody represents the ability to make decisions for his children, whereas physical custody is the right to provide them a home. A disabled father also has the right to seek visitation or parenting time if he is not awarded custody of his children.
Standard
The standard applied in all custody and visitation cases, with or without a disabled father, is the best interests of the child. This standard means that disabled father can exercise his rights associated with his children, provided doing so does not jeopardize their welfare. For example, if a father is unable to use any of his limbs, he may not be in a position to serve as the primary caretaker for an infant or a toddler.
Misconceptions
A common misconception associated with a disabled father is that the court must apply the American with Disabilities Act in a custody or visitation proceeding. This law generally is designed to ensure a disabled person equal access to certain facilities and jobs. The reach of the law does not extend to family law proceedings.
Considerations
Courts across the country do consider what resources exist in the community that might assist a father with a disability to enjoy fuller and more complete contact with his children. For example, the court will consider allowing significant visitation or parenting time with a disabled father who obtains the assistance of a third party during his time with his children.
Expert Assistance
Due to the unique legal challenges associated with a disabled father attempting to establish or exercise his rights in the judicial system, obtaining legal representation is a wise course in most cases. The American Bar Association provides resources through which a disabled father can find an attorney for hire. In addition, the ABA has contact information for different organizations across the United States that provide no-cost legal representation to individuals unable to afford a private lawyer.
