Family Law, Parents with Disabilities, and the Americans with Disabilities Act

Abstract

Parents with disabilities contend with bias within the family law system, often threatening their custody and visitation rights. The overarching goal of this article is to explore the experiences of parents with disabilities involved in custody and visitation disputes and the application of the Americans with Disabilities Act (ADA) in these cases. This article begins with an overview of parents with disabilities and their interactions with the family law system. Next, the article examines the ADA and its applicability to custody and visitation disputes. Finally, the article offers thoughts about strategies that can be utilized by attorneys to ensure that the rights of parents with disabilities are protected.

Keywords: disability, parents with disabilities, family law, Americans with Disabilities Act, custody, visitation, disability law

JEL Classification: K36