Parenting

Will ADHD Keep Me from Getting Custody of My Kids?

“My wife and I are getting divorced. She says I won’t get custody of the kids because of my attention deficit.” Our legal expert explains a parent’s rights in family court.

Many factors go into a court’s determination about custody. The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act prohibit discrimination of anyone based solely on their disability. In most custody cases, the court will appoint an independent attorney to represent the needs of the children. Putting all other factors aside, you may argue that, based on your ADHD, you are in a better position to understand their needs if they have a disability.

Hire an attorney who practices in family court in your jurisdiction. He should also be familiar with disability law to assist you in communicating your thoughts about custody. Make sure, though, that he isn’t prejudiced against you because of your ADHD.

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