When couples decide to get a divorce, it is not an easy process for anyone involved. The process becomes even more complex when there are children and a disability involved. Child custody becomes a significant issue in a divorce case, and a disability can sometimes have an impact on the decision. This article will explore the effect of disability on a Kentucky divorce and child custody case.
Understanding Disability
Before discussing the impact of disability on a divorce and child custody case, it is essential to understand what a disability is. The Americans with Disabilities Act (ADA) defines a disability as a physical or mental impairment that substantially limits one or more major life activities. Major life activities include, but are not limited to, walking, hearing, seeing, speaking, and thinking.
Disability and Child Custody
In a divorce case, the court’s primary goal is to act in the best interest of the child or children involved. The court considers several factors before making a custody decision, including the parents’ ability to care for the children, the children’s relationship with each parent, and the children’s overall well-being.
If a parent has a disability, the court will consider that disability when making a child custody decision. However, the court cannot discriminate against a parent based solely on their disability. The court must consider the parent’s ability to care for the child and provide for their basic needs.
The ADA and Parental Rights
Under the ADA, a person with a disability has the same rights as someone without a disability. This includes parenting rights. Courts must not discriminate against a parent with a disability in a custody hearing. Additionally, the court must provide accommodations to disabled parents during the custody process to ensure that they have an equal opportunity to participate and make their case.
Disability and Visitation
If a court determines that a parent with a disability is not fit to be the primary custodian of the child, the court may still grant visitation rights to that parent. However, the court must consider the safety and well-being of the child when making this decision. The court may require accommodations or supervision during visitation to ensure the child’s safety.
Disability and Child Support
In a divorce case with a disabled parent, the court considers several factors when determining child support payments. The court will consider the disabled parent’s income and expenses related to their disability. Additionally, the court will consider any special needs the child has and the cost of those needs.
Conclusion
In conclusion, a disability can complicate a Kentucky divorce and child custody case. The court must consider the disabled parent’s ability to care for the child and provide for their needs. However, the court cannot discriminate against a parent based solely on their disability, and the parent has the same rights as someone without a disability. The court must provide accommodations to disabled parents during the custody process. If a disabled parent is not given custody, they may still receive visitation rights. Additionally, child support payments must take into account the disabled parent’s expenses related to their disability.