If I or my child has a disability, will that affect the judge’s decision?
If either you or your child has a disability, this is something the judge can consider but it cannot be the only factor that determines which parent should get custody.1
If you have a disability, the judge is not allowed to deny or restrict parenting time or custody based on this. If the other parent claims that your disability is a reason to change custody or your parenting time, s/he must convince the judge that specific behaviors of yours during parenting time would endanger the health or safety of the child. You can then show the judge that supportive parenting services would fix those issues. The judge can require you to use supportive parenting services for your parenting time.2
If the judge denies or limits your custody or parenting time based on your disability, the judge is required to issue a written order with specific reasons (findings) explaining the decision and why supportive parenting services cannot fix the issue.3
1 Minn. Stat. § 518.17(1)(b)(5)
2 Minn. Stat. § 518.17(2a)(a)
3 Minn. Stat. § 518.17(2a)(b)