Legal Capacity at a Crossroad: Mental Disability and Family Law
57 Family Court Review 14 (2019).
Posted: 17 Nov 2020
Date Written: January 1, 2019
Abstract
In this introductory essay to the Special Issue, I argue that both family law and disability rights law scholars should examine a key point of intersection across areas: legal capacity or the law’s recognition of the rights and responsibilities of an individual. For example, parental termination proceedings center on parental fitness and functional capabilities. I contextualize the articles in the Special Issue by Leslie Francis and Robyn Powell on the role of reasonable accommodations for parents with disabilities in parental termination proceedings. In addition, I call upon legal scholars, family law courts, and practitioners to re-imagine governing legal standards in family law according to principles of universal design to shift the baseline capabilities associated with parenting and parental fitness.
Keywords: disability law, family law, mental disability, legal capacity, parental rights, parental fitness, parental termination proceedings, family court
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