Disability cannot be used as a sole basis to determine custody. In the past, courts have used a parent’s disability to deny legal or physical custody with the disabled parents. In those circumstances, the court would not deny visitation completely, it would just limit visitation. The appellate courts have held, however, that if one parent is disabled, the court cannot use that as a sole basis to determine custody. The court must look to the best interests of the minor children. If a disabled parent is capable of providing for the health, safety and welfare of the minor children, then the disability itself will not render the disabled parent from having sole or joint custody.
If you need a divorce lawyer in the Orange County area to discuss a family law matter such as custody, or any other dissolution issue such as child support, spousal support, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.
Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.