[Nfbc-info] [nfb-talk] Parents Rights Legislation Passes in California

[Darian Smith]

On 8/31/10, Michael Bullis <mabullis at hotmail.com> wrote:
> Below is a press release shortly before the Governor of California signed
> SB1188 this month.
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> 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.
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> Mike Bullis
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> Proposed family court law will help parents with disabilities retain
> custody, visitation rights
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> Contact: Glenn Sacks
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> Executive Director
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> Fathers and Families
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> Phone: 818-349-2155
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> E-Mail: glennsacks at fathersandfamilies.org
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> Margaret Jakobson-Johnson
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> Advocacy Director
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> Disability Rights California
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> Phone: 916-497-0331
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> E-Mail: Margaret.Jakobson at disabilityrightsca.org
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> 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."
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> 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.
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> 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.
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> Why the Bill is important
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> 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."
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> 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."
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> 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."
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> 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?"
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> Michael Bullis
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> Executive Director,
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> Maryland Department of Disabilities Technology Assistance Program
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> 410-554-9245 office
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> 443-286-9001 cell
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> 410-554-9237 fax
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> 800-832-4827 tole free
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> 866-881-7488 TTY
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> email mbullis at mdtap.org
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> website www.mdtap.org
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> Find us on FACEBOOK ic_fbk_36
> <http://www.facebook.com/pages/edit/?id=100230390023684#!/pages/Baltimore-MD
> /Maryland-Technology-Assistance-Program/100230390023684>
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>


-- 
Darian Smith
Skype: The_Blind_Truth
Windows Live: Lightningrod2010 at live.com
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“We are not human beings having a spiritual experience. We are
spiritual beings having a human experience.” - Teilhard de Chardin