QLD Can disability impact child custody?

[UNAFS]

I recently got diagnosed with a disease that may lead to a disability in the future. If I get divorced, will this risk of getting a disability impact my child custody rights?

 

[sammy01]

it depends on whether or not it impacts or the extent it impacts on your capacity to parent.
I have a mate who works as an orderly in a hospital, he is visually impared, cant drive - He is in court right now. The visual imparement has been established as being of no relevance.

 

[UNAFS]

it depends on whether or not it impacts or the extent it impacts on your capacity to parent.
I have a mate who works as an orderly in a hospital, he is visually impared, cant drive - He is in court right now. The visual imparement has been established as being of no relevance.

How about a physical impairment, such as disability caused by rheumatoid arthritis? Do you know anything about this?

 

[sammy01]

I'm not medically trained. I cant possibly comment. The law states that there is a presumption that it is in the best interests of the child to have a meaningful relationship with both parents. That can be rebutted.... Would arthritis be a reason? no idea, I wouldn't think so... Not unless it substantially impacted on your capacity to fill out the usual tasks involved in parenting. But not medically trained

 

[Atticus]

I recently got diagnosed with a disease that may lead to a disability in the future. If I get divorced, will this risk of getting a disability impact my child custody rights?

I agree with sammy...

You used the words recently & may... So it may be a while before any disability shows up at all, or may not show up ever?... If it did, by then Kid/s could be old enough to cope even if it eventuated... Not worth worrying about probably.

 

[UNAFS]

Thanks for your replies. I was worrying because I read health is one of the factors they consider when deciding about custody. I am happy I shouldn't worry about it.

 

[GlassHalfFull]

I would say mental health is more of a concern than physical health. Obviously both can have negative consequences for kids in extreme cases, but you're unlikely to neglect them just because you're not capable of doing some physical activities. As mentioned, the age of the kids will probably make a difference. The older they are, the more likely they can help you with anything you can't do yourself. I don't think the family courts expect anyone to be a perfect specimen!

 

[UNAFS]

I would say mental health is more of a concern than physical health. Obviously both can have negative consequences for kids in extreme cases, but you're unlikely to neglect them just because you're not capable of doing some physical activities. As mentioned, the age of the kids will probably make a difference. The older they are, the more likely they can help you with anything you can't do yourself. I don't think the family courts expect anyone to be a perfect specimen!

Thanks for your reply. I am relieved now.