[blindlaw] child custody

[Steve Jacobson]

Dan,

I am also writing as one who is not a lawyer but who has spent some time following cases like this.  I am also a blind parent of blind kids and have had to consider my actions with respect to social service 
agencies.

I must echo what I have understood to have been written in response to your inquiry regarding the ADA.  To put it more directly, if it is believed, particularly by a judge, that a blind person cannot perform the 
duties of a parent safely, the ADA will not likely force that judge to respond differently.  Those of us in the NFB are very, very concerned that precedence not be set that blindness, by itself, makes a person an 
unsafe parent.  However, the situation can be clouded if the blind parent involved does not have good blindness skills.  Someone who cannot travel independently or handle reading materials is not necessarily 
a bad parent, but it makes it harder to make a case with a judge.  It can be essential that we move how a judge looks at blind persons from thinking of all he or she couldn't do if he or she were blind to an 
understanding that blind people develop techniques that let us do most things that sighted people do, just differently.  This can be a hard sell but showing other successful blind persons is a pretty good way to 
accomplish that.

It is very important, as others have said, to be as certain as you can that all evidence that have led to this point is well understood.  Getting examples of other successful blind parents may well be your most 
effective approach.  If your client is in need of getting some of his skills of blindness improved, having a plan to do that which can be presented to a judge may also help.  It may also be worth contacting our 
national office to see if there might be materials that can help.  Even if a case cannot serve as a precedence, showing how another case was resolved positively may make a difference.  If there are gaps in 
your client's training that can be addressed, this might make any negative decision temporary until the gaps are addressed, and of course, I do not know that there are any gaps.  This should normally just not 
be an issue, but it unfortunately does come up from time to time.

Best regards,

Steve Jacobson

On Thu, 13 Dec 2012 20:49:12 -0600, Daniel McBride 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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