Parents strive to provide their children with the best possible care, so they may have the opportunity to develop into good, caring, and productive individuals. Much of this care is accomplished by being present day-to-day, cooking meals, helping with homework, and appearing at school events. However, some parents legitimately struggle to meet these demands because of physical limitations or disabilities that hinder their ability to fully engage as a parent. Child custody issues are primarily based on a parent’s capacity to sufficiently care for a child’s physical, mental, and emotional welfare, as this ability directly plays into the best interests of the child. Unfortunately, society in general has negative connotations about the disabled, and wrongfully assume they are unable to do anything for themselves.

This stigma can extend into child custody determinations, which may be a factor in a recent decision from an Indiana appeals court that ruled custody should be transferred to a father after the mother suffered a stroke. Not all the judges agreed on the ruling, with the dissenters noting that insufficient evidence was presented about the impact of the mother’s cognitive and communication difficulties on the child. A discussion of how courts tend to view disability in child custody determinations, and the standard applied to modifications of child custody orders/agreements, will follow below.

Courts and Disabled Parents

As noted above, courts focus on the best interests of the child when evaluating child custody issues, which is determined by working through a list of factors set out by Indiana statute. One of the considerations on this list is the physical and mental health of all the parties, and disabled parents would squarely trip this factor. When a parent seemingly has issues meeting one of these factors, courts then look to see if this failure affects his/her fitness to be a parent. Generally, parents are presumed to be fit, but it is possible to overcome this presumption by presenting evidence the other parent cannot provide adequate care for the child, or otherwise poses a danger to a child’s health. In the context of a parent’s disability, courts may focus on a parent’s inability, depending upon age, to pick up the child, tend to the child’s injuries, or generally respond to emergency situations. Unfortunately, having a support system in place to compensate for weaknesses in certain areas is not always enough to convince a court that a disabled parent is capable of fulfilling parental duties.

Modifying Child Custody Orders

Parents who experience disabling events or illnesses are at risk of losing previously-awarded custody if the other parent requests a modification of the court order. To modify a custody order, the party requesting the change must show that it is in the child’s best interests, and that a substantial change occurred in the child’s environment. A parent cannot rely on his/her testimony alone to establish this need, and must essentially convince the court that the child cannot fully thrive in the current situation and is likely to take a downward turn if he/she remains. The weight given to the factors used to determine the child’s best interests depends upon the circumstances of each case, but for parents with disabilities, the following may be particularly relevant:

• The interaction of the child with the parents, siblings, and other close adults;
• The child’s adjustment to home, school, and community;
• The health of all parties; and
• The extent to which another non-parent adult is caring for the child, a practical and legitimate consideration in cases with a disabled parent.

Contact an Indiana Family Law Attorney

Nothing is more important than the wellbeing of your child, and if you have concerns that the other parent is planning to challenge your custody rights, you need the assistance of an experienced and dedicated family law attorney. Christopher L. Arrington, P.C. understands the importance of getting the right outcome, and will fight to get you the best possible result. Contact the Danville law firm to schedule an appointment.