Legal Question in Disability Law in Massachusetts

Custody and Parkinson's

I have been told my my current attorney that I lost custody of my children due to limitations brought on by Parkinson's disease... I feel like i have been discriminated against due to a disability. What is your take on this?


Asked on 8/27/08, 9:19 am

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: Custody and Parkinson's

If you cannot handle the day-to-day functions needed to take care of your children, the Court must put them where they can be taken care of.

Many neurological disabilities present this issue. Most of the psychiatric disorders that prevent care are disabling. "Favorites" in the family setting are bipolar disorder, serious depression to the level of non-function, and delusional states. Any neurological disorder that physically or mentally limits you can be a basis for determining that the best interest of the children requires the more able parent to be the primary caretaker. Although your disorder does not affect you in the same ways -- it does not cause behavioral outbursts and issues -- it nonetheless is not of necessity discrimination.

Read more
Answered on 8/27/08, 9:38 am


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in Massachusetts