Child custody disputes can be very exhausting for parents. To be asked to prove to a New Jersey family law judge that it is in a child’s best interest to be in your care can be very emotionally draining for any parent.

A recent report issued by the National Council on Disability states that the stakes can be even higher for parents with disabilities, who are often discriminated against in child custody cases. The independent federal agency’s report has been described as being the most comprehensive yet on the topic, and it found that disabled parents face a greater chance of losing their children in divorce than parents without disabilities.

However, it isn’t only in divorce when parents with disabilities are asked to fight for their parenting rights. The report cites one case in which an infant was taken away from her parents by the state just days after birth because both of her parents were blind.

According to the report, child removal rates are as high as 80 percent for parents with intellectual or psychiatric disabilities. Parents with other types of disabilities are still more at risk than any group of non-disabled parents when it comes to losing custody of their children.

Of course, as child-welfare experts have noted, it is sometimes necessary to remove children from their disabled parents. However, this is true as well of non-disabled parents.

Some disability advocates have stated that in many cases disabled parents simply warrant certain types of support rather than the termination of their parental rights. The report calls for the Americans with Disabilities Act to be amended in order to add protections for parents. It also asks state lawmakers to eliminate disability as a ground for terminating parental rights.

It remains to be seen whether any legislation to that effect will be spurred by this study.

Source: Associated Press, “Disabled parents face bias, loss of kids: report,” David Crary, Nov. 26, 2012

• Our New Jersey law firm handles child custody cases. To learn more, visit our Kingston Child Custody and Parenting Time page.