Senate bill would protect rights of disabled parents

MARIA knew that her battle with multiple sclerosis would be a hard one, but she never dreamed it might cost her her daughter.

According to California state Sen. Rod Wright's office, Maria and her ex-husband shared 50-50 custody of their 12-year-old daughter until he refused to allow Maria access, claiming Maria was too disabled to care for her. Maria explains:

"I have a physical disability but I have been an exemplary mother. It is devastating for both parents and children to be wrenched apart by an ex-spouse seeking an unfair advantage in a divorce."

After a lot of heartache, Maria did get her daughter back under the original 50-50 parenting schedule. Yet many California parents with disabilities are being driven to the margins of their children's lives because their disability is being used as a way to deny child custody or visitation.

Currently under the laws relating to child custody, a disability can be used as a reason to deny custody or visitation. This can lead to unnecessary and expensive litigation, even in cases where the parent with a disability had been successfully parenting the children for many years prior to a separation or divorce.

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