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May 05
2008
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Ask a Lawyer: Custody when father has physical disabilityPosted by: Dads Divorce on May 5, 2008 Tagged in: Visitation , quadraplegic , physical , Parenting , infant , distance , disability , custody , custody , CA , Ask A Lawyer
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Question:
I am a quadraplegic father and I want to know what my rights are towards custody would be.I live about 70 miles away from my wife and son. He is 10 months old and I was with her up until one month ago when she said she wanted me to leave. I can see him during the day but not on overnights and she will leave him with her mother and father when she is gone.
Answer:
I cannot answer your question specifically to the laws of California as I am not licensed in that State. I have represented two disabled father's. Neither were quadriplegic, but were wheelchair bound. They each received more custody time than an every other weekend, one night a week, split summer schedule. However, in each of those cases the children were much older. The physical and mental health of the parents is a factor in many jurisdictions. The question comes down to your ability to get to and from the visitation locations and your ability to care for your son when he is in your custody. Can you change diapers, feed the child, bathe the child, get the child from the home in an emergency ect. If you can manage those tasks and the general parenting tasks your time should not be limited anymore than anyone else. If you are unable to perform those tasks, the court will take any limitations into account when determining the custody and visitation schedule.
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