Disability and Family Law: Navigating Legal Issues Surrounding Custody and Support

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Disability and Family Law: Navigating Legal Issues Surrounding Custody and Support

Disability and Family Law: Navigating Legal Issues Surrounding Custody and Support

Requesting child custody and child support can be challenging enough but can often be more challenging for people struggling with disabilities. You may not have to settle for limited options. Disability laws were designed to protect you from unfair discrimination based on your disability. Depending on the situation, a Philadelphia disability lawyer might be able to help you.

Custody and Support Challenges for Those with Disabilities 

Not everyone realizes the unique challenges faced by those with disabilities in the family law legal system. Gaining child custody, retaining parental rights, requesting child support, and receiving alimony can be difficult enough. People with disabilities may face greater challenges with these as a result of their disability.

When it comes to family law and disabilities, many people with disabilities face discrimination based on their disability alone. This can lead to multiple problems like being unfairly treated in child visitation or child custody disputes. Common causes of this include a bias against people with disabilities, inconsistent state laws, the failure to protect from exaggerated accusations, and a lack of training.

Not only that, but family law courts may fail to use adaptive parenting techniques, services, or equipment to assist people with certain disabilities. A failure to provide these reasonable accommodations can lead to significant barriers for those with disabilities. This may prevent access to resources that could benefit the parents.   

Your Legal Options for Child Custody and Support 

You might be wondering what your legal options are if you are denied equal access to family law services or requests. Depending on the circumstances, you might be able to take legal action if you are unfairly denied accommodations, child custody, alimony, child support, or child visitation. The disability rights laws that protect you include the:

  • Americans with Disabilities Act (ADA)Disability and Family Law: Navigating Legal Issues Surrounding Custody and Support
  • Section 504 of the Rehabilitation Act

If you are struggling with a significant mental or physical impairment that limits your daily abilities, then you might be protected under these laws. These laws protect you from unfair treatment and from being excluded on the basis of your disability. In other words, you must be provided equal access and opportunity for family law-related services like child custody and visitation.

You may also be able to take legal action if you are denied alternative ways to communicate. Common examples include being denied video calls, phone calls, or captioning services. This may apply when going to family law court or trying to do child visitations.

Consider contacting a Philadelphia disability lawyer if you were denied access to family law services because of your disability. A lawyer can work with you to find out what your legal options are. You might be able to gain the child custody, child support, or child visitation you want.

Contact Edelstein & Nelson for Legal Help

Dealing with limited options with housing due to a disability can be frustrating. Feel free to talk to a Philadelphia denied benefits appeal attorney about what your legal options might be related to family law and disability law. Start by calling Edelstein & Nelson at (800) 300-0909 today for a consultation. Our experienced team of lawyers is prepared to help you discover what legal steps you can take.