Family law, parents with disabilities, and the 'Americans with Disabilities Act'

• Published in: Family court review Vol. 57; no. 1; pp. 37 - 53
• Main Author: Powell, Robyn M.
• Format: Journal Article
• Language: English
• Published: Hoboken, USA John Wiley & Sons, Inc 01.01.2019; Wiley Subscription Services, Inc
• Subjects: Americans with Disabilities Act; Americans with Disabilities Act 1990-US; CHILD CUSTODY; Custody; Custody of children; Disability Rights; Domestic relations; FAMILY LAW; Lawyers; LEGAL PROFESSION; Parental rights; PARENTAL RIGHTS AND DUTIES; Parents & parenting; Parents with Disabilities; PEOPLE WITH DISABILITIES; School districts; Visitation; Visitation rights (Domestic relations); UNITED STATES
• ISSN: 1531-2445; 1744-1617
• DOI: 10.1111/fcre.12396

Parents with disabilities contend with bias within the family law system, often threatening their custody and visitation rights. The overarching goal of this article is to explore the experiences of parents with disabilities involved in custody and visitation disputes and the application of the 'Americans with Disabilities Act' (ADA) in these cases. This article begins with an overview of parents with disabilities and their interactions with the family law system. Next, the article examines the ADA and its applicability to custody and visitation disputes. Finally, the article offers thoughts about strategies that can be utilized by attorneys to ensure that the rights of parents with disabilities are protected.