Could a parent’s disability affect their custody rights?

| Jun 3, 2015 | Child Custody

For a lot of parents across Massachusetts — or the nation for that matter — their children mean everything to them, which is why the prospect of losing custody of them is oftentimes a devastating thought for so many. Unfortunately, because of how our state laws are set up, parents can lose custody of their children. You should know though that you have the right to fight back against this decision and can do so with the help of a lawyer.

The question we’re posing in our post title is one circumstance in which a parent might lose custody of their child because of a court ruling. That’s because Section 28 of our state’s General Laws, which covers care of a child, states that the courts must do what is in a child’s best interest when it comes to determining custody. If a parent is considered unfit or unable to care for the child, a judge may award custody to another parent or in some cases a third party altogether.

Imagine for a moment that both parents are disabled. Depending on the extent of their disabilities and whether or not this interferes with their ability to care for their child, the state might choose to remove the child from their custody if they determine it is in the child’s best interests. As you can imagine, this could be devastating to the child’s parents, who do have the right to seek legal counsel in a situation such as this.

Living with a disability can be challenging enough, as many would agree, but it can become even more difficult if a parent has to worry about their disability jeopardizing the custody of their child. Individuals in situations such as this can turn to a skilled family law attorney for help and are advised to do so if the situation calls for it.