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Child Support/Visitation Post SCI

WAGSofSCIWAGSofSCI Moderator Posts: 384 Moderator
100 Awesomes 100 Likes 100 Comments First Anniversary
Hello Everyone! We had a WAG post this topic on our private group on Facebook and we thought it was an AMAZING topic to post and get feedback on: Child Support, Visitation etc post spinal cord injury. She gave us her permission to post this without names. Would LOVE your feedback 

Her significant other was married at the time of his injury (he's a C6/7) and was in a coma. While he was in the coma, custody of his kids was signed over to his wife as she filed for divorce. Since then, he has a full time job, lives a great life, and pays $1200 a month in child support to his ex for 8 hours of supervised visitation each week. He has a stable home with a great girlfriend (who wrote this post)

His ex keeps putting up a fight whenever he wants more time with his kids, and uses his injury (and the things he can and cant do) as an excuse. They hired a lawyer to help them, as he recently lost his job and wants more time with the kids, and to pay less child support. He wants fair visitation with his children first and foremost. 

This couple finds it so frustrating that the ex wife has all the power, and puts him through "tests" to show he cant handle more time with his kids (like buckling up car seats when she knows his hand function is lacking) and using his disability against him

She is wondering if ADA rules apply for situations like these? When he feels like he's being discriminated against and kept from his kids (and force to have less time with them while paying more money).

Anyone else have experience with this? Please comment below. 
Your WAGS of SCI
(Elena and Brooke)

Comments

  • stephanie426stephanie426 Moderator Posts: 40 Moderator
    10 Comments 5 Awesomes Photogenic Name Dropper
    Hi! While disability is technically still used as a "factor" when courts determine the best interest of the child in many states, courts CANNOT discriminate against disabled parents solely on the basis of their disability.  There's a great report published by the National Council on Disability called Rocking the Cradle which goes into details about rights of parents with disabilities.  I suggest this person read the report and tell their lawyer about it. They can also reach out to me through [email protected], I practice in NY but would be happy to do a quick call with their lawyer.  The Disabled Parenting Project  is also a great resource! 
  • jotanranjotanran Member Posts: 5
    First Comment Photogenic
    How good your post friend, a pity that people do not see the potential you have and can not enjoy the content you offer to others, I will share on my social networks so that more people can benefit from this
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