How Disabilities Can Affect a Divorce Case

Disabilities in children or parents can often affect the outcome of a divorce case because additional factors will have to be considered. For children with disabilities, the best interests of the child standard will need to be upheld when deciding which parent is fit for child custody. When it comes to a parent with a disability, the court will have to figure out whether that parent can properly care for the child. In these types of cases, a parent may be wrongfully deemed incapable of raising the child. If this has happened to you, be sure to talk to an Oklahoma Divorce Lawyer to explore what your legal options are. 

Children with Disabilities

Children with disabilities can lead to different outcomes in a divorce case. A family court may order one parent or both parents, depending on the type of child custody awarded, to care for any of their children who have a disability or are unable to care for themselves. This is done if the child has been diagnosed with a disability and has been shown to be unable to provide self-care. The disability can be physical, mental, or both. 

Court orders for this type of situation may mandate a parent to support the child in terms of providing adequate care and support. This order can be mandated if the child either acquired a disability before the age of 18 or on their 18th birthday. 

Other court orders that can be issued in this situation involve child support. When calculating how much child support is needed to promote the welfare of the disabled child, courts will take several factors into consideration. The future needs, medical or other needs, will be looked at. Some disabilities may require continued medical treatment or an at-home nurse. The financial resources of each parent will be assessed. Programs available to the parents for a child with a disability will also be taken into account. 

Visitation rights may be determined by assessing whether the other parent can watch over the child without causing any kind of unintentional or intentional harm. 

Parents with Disabilities

Parents with disabilities may face obstacles to obtaining the divorce orders they desire. The obstacles may prevent these parents from obtaining visitation rights or child custody. Both of these legal decisions can be emotionally damaging for a parent.

This does not always apply to the kind of disabilities you think. One case ruled that a mother with breast cancer would not be able to have custody of her child because of her disabling condition. Not only can physical and mental disabilities affect case outcomes, but so can certain medical diagnoses that would not normally be thought of as disabilities. 

Certain mental conditions like intellectual disability or bipolar disorder may also limit your ability to obtain certain parental rights.

Divorce Lawyer in Oklahoma

Feeling limited in your divorce options because of a disability you are struggling with can be stressful. Try talking with an Oklahoma Family Lawyer to figure out what you can do in your situation. Call the Putnam Law Office at (405)-849-9149 for a consultation today. Mr. Putnam is an Oklahoma City, OK attorney who is dedicated to his clients.