[blindlaw] child custody

[Russ Thomas]

That distinction is important. If the Court views the situation as requiring
some type of supervised visit, in my view the court is on thin ice -- why
would a blind person need to be supervised if a sighted person were not; if
the point is merely to provide a companion, or to have someone available if
assistance were needed, then the issue of discrimination is probably
avoided.


-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Daniel
McBride
Sent: Thursday, December 13, 2012 6:49 PM
To: blinddog3 at charter.net; 'Blind Law Mailing List'
Subject: Re: [blindlaw] child custody

There are no other issues.  The sole issue is his blindness and the child's
age.

Further, it would be more accurate to refer to the condition of possession
as "chaperone" than "supervision".  A subtle distinction I know, but a
distinction nonetheless.

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Steven
Johnson
Sent: Thursday, December 13, 2012 8:44 PM
To: 'Blind Law Mailing List'
Subject: Re: [blindlaw] child custody

Out of curiosity, is there any other Child Protective History with this
potential client?  Take out the blind aspect, is there anything else that
has been provided that would suggest that supervised visits are necessary?
For example, Hx of drug, alcohol or other substance use, maltreatment at any
level, a criminal background that could suggest that such supervision is
necessary?

I am not a lega expert, but I do work in the Child Protective Service field.

Steve


-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Daniel
McBride
Sent: Thursday, December 13, 2012 8:29 PM
To: Blind Law Mailing List
Subject: [blindlaw] child custody

Potential client has Suit Affecting Parent Child Relationship pending in
Texas.  Potential client is granted Possessory Conservatorship with the
Family Code standard visitation of first, third and fifth weekends of the
month.

 

However, potential client is blind, the child is a 19 month old daughter and
the Court has conditioned his possession of the child on him having sighted
assistance by any competent adult during his periods of possession.
Potential client asks whether the condition of possession violates any
concepts of discrimination pursuant to the Americans With Disabilities Act.

 

I would appreciate any thoughts you have.  Thank you.

 

Daniel McBride, Attorney

Fort Worth, Texas

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