[blindlaw] child custody

[Craig Spencer]

Daniel,
Before entertaining any ADA violations, I would say that you should first
review the record extensively that resulted in the Court's decision.  
Was there an evidentiary hearing?  What was the evidence and testimony
against that client?  And, as usual, you would have to review the state law
to see if the Court conformed to the statute and case law.  Usually, the
Court must first consider what is in the best interest of the child.
Statute and case law would give guidance as to what factors should aid in
that determination.

Craig Spencer Attorney at Law.


-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Daniel
McBride
Sent: Thursday, December 13, 2012 9:29 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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