Statute from Utah...Most states should have similar statutes
AN ACT RELATING TO HUSBAND AND WIFE; ESTABLISHING THE CIRCUMSTANCES UNDER
WHICH A PARENT'S DISABILITY MAY BE CONSIDERED AND REBUTTED IN A CUSTODY
DERMINATION.
30-3-10. Custody of children in case of separation or divorce -- Custody
consideration.
1 determining whether to award custody to the other parent.
2 (4) (a) In cases decided under this section, a court may not
take into account a parent's
3 disability, as defined in Section 57-21-2 , in awarding custody
or in determining whether a
4 substantial change has occurred for the purposes of modifying an
award of custody unless it is
5 shown by clear and convincing evidence that the disability
significantly and substantially inhibits
6 a parent's ability to provide for the basic physical and
emotional needs of the child at issue.
7 (b) If the court takes a parent's disability into account
under Subsection (a), the parent with
8 a disability may rebut any evidence or inference arising
therefrom by showing that:
9 (i) the disability does not significantly or substantially
inhibit the parent's ability to provide
10 for the basic physical and emotional needs of the child at
issue; or
11 (ii) the parent with a disability has sufficient human,
monetary, or other resources available
12 to supplement the parent's ability to provide for the basic
physical and emotional needs of the child
13 at issue.
14 (c) Nothing in this section may be construed to apply to:
15 (i) abuse, neglect, or dependency proceedings under Title
62A, Chapter 4a, Family
16 Services, or Title 78, Chapter 3a, Juvenile Courts; or
17 (ii) adoption proceedings under Title 78, Chapter 30,
Adoption.
Rich Pikunis
************************************************************
NOTICE: Unless you have a signed retainer agreement with this office, and
have paid a retainer to this office, I am NOT your attorney. Any thing sent
to you is without the benefit of any actual knowledge about your situation,
or any due diligence on my part. Everything stated is purely a general
comment or suggestion based upon the limited facts presented to me. My
comments are free and intended to be educational, but NOT relied upon. You
MUST consult with another qualified attorney, familiar with local rules of
court, your states laws, with regard to your specific circumstances.
*************************************************************
