[blindlaw] [BULK] Re: child custody

[Alcidonis Law Office]

Daniel

Look at your statute and case law carefully. In PA for example, the court is 
permitted to consider the "physical and mental" condition of the parent in a 
custody matter. As you can imagine, in a case where blindness is involved, 
this may go in multiple directions depending on who is on the bench, and who 
is representing the parent. So, you might have a situation where you  might 
have to file a petition to modify the custody order an develop your evidence 
more in live testimony. Check your local rules, of course.

As an alternative, if you are procedurally still within the timeline, file a 
motion for reconsideration and present testimony in support of your motion 
at the hearing.

But the first thing you will have to do as an effective attorney litigator, 
is to look at the statute and related case law to see whether there are some 
merit to the court's legal reasoning -- not simply blindness is the cause of 
the order. Try to distance your personal opinion about what a blind person 
can do or cannot do in these cases, and challenge the court's reasoning for 
what it's worth, and develop an approach to attack it in argument.

Rod Alcidonis, Esquire.
Licensed in Pennsylvania and New Jersey.

-----Original Message----- 
From: Dittman, Robert
Sent: Thursday, December 13, 2012 11:17 PM
To: Blind Law Mailing List
Cc: Blind Law Mailing List
Subject: Re: [blindlaw] [BULK] Re: child custody

Mr. McBride keep in mind that I'm just a juris doctor so cannot practice law 
yet however something that I would do if I were practicing in this case is 
first what does the court order actually say second was the noncustodial 
parent default against invest the only reason that they've custodial parent 
got supervised visits is because they ask for it and the other party was not 
present you contestant number three the presumption in Texas is that both 
parents should be joined conservators although this presumption can Bieber 
budded if there's ample evidence to show the court that it is in the best 
interest of the child that sole conservatorship and possessory conservator 
ship be ordered what was the reasoning of the court to award sole 
conservatorship to the custodial parent and possessory conservator ship to 
the noncustodial parent just some food for thought now back to studying for 
the barge

Sent from my iPhone

On Dec 13, 2012, at 20:49, "Daniel McBride" <dlmlaw at sbcglobal.net> wrote:

> 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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