Disabled Mom Sues for Custody of Child

posted on Dec 21 by in the Advocacy, Disability News, Opinion and Discussion category

kaney

David Trais, the ex-boyfriend of Kaney O’Neill sued for full custody of their 5 month old son in September, charging that O’Neill is “not a fit and proper person” to care for the infant. He went on to say in court papers, O’Neill’s disability “greatly limits her ability to care for the minor, or even wake up if the minor is distressed.”
A quadriplegic since falling from a balcony during Hurricane Floyd while working as a Navy airman apprentice, Kaney O’Neill recognizes her limits as a parent and feels that she not only has the money, but also the support of family that would make up for her paralysis, her attorney believes that the bias of judges is such that they tend to grant custody to the able bodied partner. Ella Callow, the director of legal programs for the National Center for Parents with Disabilities and their Families, said disabled parents are incorrectly “perceived as unable to perform to standard.”

This case raises some interesting questions about the rights of a disabled person to raise their own children, It will be interesting to see how it plays out in court next month.

One Comment

Jacque Wright, posted this comment on Mar 26th, 2011

She is the mother and a disability does not interfere with the bonding of mother and child, her disability is not so severe that she cannot participate in her childs caretaking, yes some limits, but she has the support of her family and quite sure of her church and community. When all factors are considered why should she be denied, after all she carried her child for 9 months….she would not have been able to do so if she were so disabled to take care of herself and in doing that she in turn was taking wonderful care of the precious package she was carrying. Why should there be a dispute on if a disabled person has the right to raise their child/children or not, no one questions the rights of people with depression, multiple personalities, child abusers, alchoholics, drug abusers, sex addicts just to name a few. So why should there be any question to this situation…ask yourself what if I were the one in this situation and you could easily be there.

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