[nfb-talk] Parents Rights Legislation Passes in California

[Michael Bullis]

Below is a press release shortly before the Governor of California signed
SB1188 this month.

 

California essentially passed Legislation mirroring Maryland's law passed by
the NFB in 2008.  Congratulations to California and let's think about other
States where this can be passed.  Note the groups in support are getting
more mainstream and that's good for the Legislation and for our cause.

 

Mike Bullis

 

 

Proposed family court law will help parents with disabilities retain
custody, visitation rights 

 

 

Contact: Glenn Sacks

Executive Director

Fathers and Families

Phone: 818-349-2155

E-Mail: glennsacks at fathersandfamilies.org 

 

Margaret Jakobson-Johnson

Advocacy Director

Disability Rights California

Phone: 916-497-0331

E-Mail: Margaret.Jakobson at disabilityrightsca.org 

 

Sacramento, CA - According to Senator Rod Wright's office, too often parents
with disabilities face discrimination in custody or visitation matters.
Wright's proposed bill, SB 1188, now on Governor Schwarzenegger's desk, adds
a section to the California Family Code stating that a parent's disability
"may not form the basis for an order granting custody or visitation to
another party."

 

Parents with disabilities face discrimination Maria Santiago and her
ex-husband shared 50-50 custody of their 12-year-old daughter until he
claimed his ex-wife was too disabled to care for her. She said, "I have a
physical disability but I have been an exemplary mother. It's devastating
for families to be wrenched apart by an ex-spouse seeking an unfair
advantage in a divorce." Santiago got back the 50-50 shared custody of her
daughter only after a difficult court battle.

 

Many California parents with disabilities are unfairly forced to the margins
of their children's lives, because family court laws allow disability to be
used as a way to deny custody or visitation. This inequity is based on
unfounded fears that disability somehow negates parenting capacity and
skills, even when the mother or father with a disability successfully
parented the children for many years prior to a separation or divorce.

 

 

Why the Bill is important

 

 

Glenn Sacks, executive director of Fathers and Families, explained why the
new legislation is necessary: "It is estimated that nationally, one in six
parents has a disability. They're poorer on average than nondisabled
parents, so often cannot fight long, expensive court battles."

 

Margaret Johnson, an attorney who is the advocacy director for Disability
Rights California and a parent with a disability, said: "Parenting is a
fundamental right and this bill will help to ensure that parents with
disabilities do not face discrimination. By increasing the burden of proof
on the parent who raises disability as an issue, rights of disabled parents
are protected and unnecessary litigation is avoided."

 

Ella Callow, an attorney and director of legal programs for the National
Center for Parents with Disabilities and their Families, pointed out,
"California's laws relating to parents with disabilities are very unfair."

 

Timothy Sayre, a San Diego father, hopes that SB 1188 will help parents like
him. His ex-wife moved his three children out-of-state in 2002 but, as part
of a visitation agreement, they spent summers with him. Sayre became
disabled two years ago, and spent much of this spring battling to maintain
his summer parenting time. He concluded, "I use a wheelchair but I can still
parent. Do my children love and need me less because I use a wheelchair?"

 

 

 

 

 

 

 

Michael Bullis

 

Executive Director,

 

Maryland Department of Disabilities Technology Assistance Program

 

410-554-9245 office

 

443-286-9001 cell

 

410-554-9237 fax

 

800-832-4827 tole free

 

866-881-7488 TTY

 

email mbullis at mdtap.org

 

website www.mdtap.org

 

 

 

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