View Full Version : Child Custody for Father with SCI
07-28-2005, 01:51 PM
I'd love to hear anything any of the fathers out there could tell me about child custody and did your sci factor in at all in your opinion? Did you fight for custody? What was the outcome? Need this from the father's side please!
07-28-2005, 05:21 PM
Nothing firsthand, but my wife's occupational therapist was involved in a custody case wherein the biological father (C6 quad or so) fought for custody of his daughter. The bottom line in that case was that the OT had to observe the father in his home cooking meals, demonstrating bathing techniques, loading the child into a vehicle, etc. Based on his (the OT's) assessment, it was deemed that the father had the capability to care for his child, and based on the best interest of the child, the father was given custody.
He had to jump through a lot of hoops. I suspect or hope that even if he could not personally provide all the care the child required, that if he could demonstrate available help to provide that care, the courts would also rule in best interest of the child. That is, supposedly, the standard.
07-28-2005, 07:19 PM
I never went through any court proceedings, but I didn't fight for custody. I knew they'd be growing up in a much better environment with their Mom. And sometimes, when you turly love something, you have to let it go. I still see them every weekend.
07-28-2005, 07:30 PM
Your best bet would be to get information on this from these folks:
They have a legal assistance program that has extensive experience in helping parents (of either sex) with disabilities get custody, either shared or sole.
08-15-2005, 08:10 PM
My husband was GREATLY impacted by his SCI while fighting for coustody of his kids from his first marriage. We have visistation, but there are other issues in his situation (i.e. genetics). I think it will come down to what state you are in and the preconseptions of the judge. Family court judges have far too much power. I guess the key would be making a good impression and be willing to fight tooth and nail.
05-22-2006, 10:35 PM
My husbands ex-wife decided to fork over the baby when he was 1 year of age, and settled for seeing him on the weekends. Once she decided she wanted to play mom (due to being pregnant again) she wanted him back. The judge originally granted custody to my husband. So on one of her weekends she decided to take the baby to the doctor and file a child abuse charge, and said that I burned him puposely with a hot iron. So after the athorities found no evidence to support her aligations so much time past that she just ended up keeping him. We spent over $75,000 in legal fees, and when they had no grounds they pulled the disabled card and said he wasn't capable of handling the child without help. So now he still has supervised visitation 2 years later. In the very near future he's putting in a patition for joint custody now that she's on her third kid, she's more willing to hand over the baby at any chance she has.
05-23-2006, 12:37 PM
i had custody of my girls pre-accident, while in icu the current wife signed over full custody to the ex mostly because she knew she was gonna dump me and also no-one expected me to live, much less be as capable as i am now....i have not attempted to regain custody as now that the girls are older and i live 10 minutes from them, its not as much of an issue....i'm very active in their lives and see them a minimum of every other wkend and most of the summer...as long as they're ok w/it, i am...if they decided they wanted to live w/me i'd head to court immediately....i've spoken w/attorney and he said it's all about your individual ability...as long as the kid's would'nt be put in the posit. as a caregiver there should'nt be a prob.....