[blindlaw] family law issues

[Sy Hoekstra via blindlaw]

Not sure about ADA provisions. It's mostly state law I think in this area,
but here are some cases to look at:


The mother of all the don't discriminate against disabled parents cases is
In re Marriage of Carney, 598 P.2d 36 (Cal. 1979).

And a few others

Potentially Helpful: 

Bednarski v. Bednarski, 366 N.W.2d 69 (Mich. Ct.App. 1985)
Clark v. Madden, 725 N.E.2d 100 (Ind. Ct. App. 2000).

Potentially not helpful, note the parent's drug issue
Gill v. Dufrene, 706 So. 2d 518 (La. Ct. App. 1997) 

Sy

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Daniel
McBride via blindlaw
Sent: Monday, May 19, 2014 10:18 PM
To: Blind Law Mailing List
Subject: [blindlaw] family law issues

To Those Who Practice Family Law:

 

I would appreciate any thoughts you might have regarding the following.

 

John and Jane Doe have a Baby. Jane is sighted, John is blind. When Baby Doe
is 2 years old, Jane abandons John and Baby, who are then living alone. John
has Baby removed from his custody by Child Protective Services and an
Attorney Ad Litem is appointed to represent the best interests of Baby Doe.
John's income is less than $20,000 annually and he has a bit of a drinking
issue.

 

After removal, by agreement between John and CPS, Baby is placed with John's
mother. John's mother offers to let John live with her to help raise Baby to
point that John is better able to raise Baby on his own, but mother says
John must give up the drinking. John does not wish to accept his mother's
offer if it means giving up his drinking.

 

If you are the attorney for John, what arguments would you put forth to
justify John having custody of Baby?

 

If you were the Ad Litem for Baby, would position might you take to protect
the physical, mental and emotional welfare of Baby?

 

Is there any provision of the American With Disabilities Act that would
apply here?

 

Thanking you in advance, I am

 

Respectfully,

Daniel McBride

Attorney at Law

Fort Worth, Texas,

 

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