Legal Question in Family Law in Michigan

Diabetic father denied child custody?

A friend of mine is in a child custody fight with his ex..she is filing for full custody due to his type 1 diabetes (since age 10..now 38 year old)..is this discrimination?..the FOC mediator..has asked for a report of his hx..and ''current status'' from his physician. Is this legal?..he is an amazing father to his children..and completely distraught that she would use such low tactics...any information will be greatly appreciated!..Thank you, Stacy Acker RN


Asked on 10/06/06, 11:47 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Diabetic father denied child custody?

Let's say a person had advanced Parkinson's that preventing him or her from carrying out parental duties. No one would contend that it is discrimination to correct the situation. That is why it is not an illegal form of discrimination to challenge his parental fitness if he cannot perform parental duties due to his condition. The test is what is in the best interests of the children. If it turns out that there is no evidence to support the ex-wife's contentions, then he should demand costs for bringing a frivolous action. William S. Stern

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Answered on 10/07/06, 10:27 am


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