In our last post, we began looking at the story of a disabled woman involved in a custody battle centering on her disability, and whether she is able to be an effective parent while dealing with her condition.

Whenever a disability is involved in a custody dispute, it can no doubt be very difficult for the disabled parent. To many, the right to raise one's children is an issue of civil rights. As long as a parent is loving and competent, they say, that parent shouldn't have to miss the chance of raising their child solely because of their disability. But then there is the question of the best interests of the child.

The best interest of the child is the standard by which family courts make decisions regarding custody, visitation, support, and other issues. Many factors are involved in such a determination, including: the wishes of the child's parents; the child's need for continuing relationship with both parents and the ability and willingness of both parents to act with the child's best interests in mind; the child's interaction with parents, siblings, or other family members; and the mental and physical health of all individuals involved.

According to the woman's attorney, she has had psychological and physiological testing done which proves she is a capable mother. Her attorney says that evidence will be presented at trial. When interviewed about the pending trial, the woman admitted she is nervous about getting on the stand and trying to express herself with her condition.

The issue of parental disability and the ability to care for children recently came up in March in which child protective services removed a newborn child from its parents' custody because they were both blind. New legislation in Missouri protects the rights of parents with disabilities and prevents child protective services from removing a child from a parent's care solely because of a disability. The law does allow for removal where there is a direct threat to the child's safety and welfare. But the law will not help in the Wentzville woman's case, though, since the state is not attempting to remove her child, but her ex-boyfriend.

According to sources, the issue of parental disability does come up in family courts. The director of policy and advocacy for the Paraquad, a nonprofit organization serving disabled individuals, says that many with developmental disabilities face discrimination in family courts.

No doubt, some disabilities could affect a parent's ability to care for their child properly. But as far as where to draw the lines and how to determine when any given disability prevents that parent from acting in the best interests of their child is a question for the family courts, who have discretion in such matters.

Source: Kansas City Star, "Dirty Laundry: Disabled mom fights for custody of son," Aisha Sultan, 23 May 2011.