CALIFORNIA FAMILY LAW
...Custody and Visitation
......Factors Considered in Cust./Visit. Award
.........Physical/Emotional Handicap
6 Cards On This Topic:

Physical handicap not sufficient reason to deny custody to H.

Trial ct.'s observations of mother sufficient to sustain finding that her mental health a factor in custody order.

Court improperly separated autistic and non-autistic siblings based on presumed detriment from disability and did not evaluate best interests.

Americans with Disabilities Act (ADA) does not preempt state from terminating parental rights of gravely disabled mother.

Diagnosis of mental illness not sufficient basis for finding of detriment and placement with nonparent.

Physical handicap of parent may be considered in custody decision only if handicap will adversely effect child.