[blindlaw] child custody

[Alcidonis Law Office]

Daniel:

Another thought:

You asked:
"Potential client asks whether the condition of possession violates any
concepts of discrimination pursuant to the Americans With Disabilities Act."

At this point in your analysis, you want to know whether the family code was 
violated. That's my suggestion in the previous e-mail. If the family code 
was not followed by the court, then you will seek to remedy the problem in 
that court. While you are at it there, if the ADA was also violated, that's 
where you would make the argument that this was also in violation of the 
ADA. But in my opinion, not knowing Texas family law, it will be a tough 
argument to make under the ADA because there is no real discrimination here, 
but an unfavorable court order that is subject to judicial review by an 
appellate court.

Good luck.

Rod Alcidonis, Esquire.
Licensed in Pennsylvania and New Jersey.
-----Original Message----- 
From: Daniel McBride
Sent: Thursday, December 13, 2012 9:28 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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