Disability Rights in Family Court Custody Proceedings
Author: Disability Rights California
Published: 2010/08/14 - Updated: 2026/01/31
Publication Type: Informative
Category Topic: Laws and Rights - Related Publications
Contents: Synopsis - Introduction - Main - Insights, Updates
Synopsis: This information addresses a critical civil rights issue affecting families where parents with disabilities face systematic discrimination in family court proceedings. Originally published by Disability Rights California, a legal advocacy organization, the content draws authority from legislative analysis of California Senate Bill 1188 and includes testimony from legal experts, disability rights attorneys, and affected parents. The material proves particularly valuable for parents with disabilities navigating custody disputes, family law attorneys handling disability-related cases, and advocates working to understand how unfounded assumptions about parenting capacity based on physical limitations can unjustly separate families. By documenting real cases and explaining the legal protections established under California Family Code, this resource helps people understand their rights and the safeguards against using disability status as grounds for denying custody or visitation - Disabled World (DW).
Introduction
According to Senator Rod Wright's office, too often parents with disabilities face discrimination in custody or visitation matters. Wright's proposed bill, SB 1188, now on Governor Schwarzenegger's desk, adds a section to the California Family Code stating that a parent's disability "may not form the basis for an order granting custody or visitation to another party."
Parents with disabilities face discrimination Maria Santiago and her ex-husband shared 50-50 custody of their 12-year-old daughter until he claimed his ex-wife was too disabled to care for her. She said;
"I have a physical disability but I have been an exemplary mother. It's devastating for families to be wrenched apart by an ex-spouse seeking an unfair advantage in a divorce."
Santiago got back the 50-50 shared custody of her daughter only after a difficult court battle.
Main Content
Many California parents with disabilities are unfairly forced to the margins of their children's lives, because family court laws allow disability to be used as a way to deny custody or visitation. This inequity is based on unfounded fears that disability somehow negates parenting capacity and skills, even when the mother or father with a disability successfully parented the children for many years prior to a separation or divorce. Why the Bill is important
Glenn Sacks, executive director of Fathers and Families, explained why the new legislation is necessary:
"It is estimated that nationally, one in six parents has a disability. They're poorer on average than non-disabled parents, so often cannot fight long, expensive court battles."
Margaret Johnson, an attorney who is the advocacy director for Disability Rights California and a parent with a disability, said:
"Parenting is a fundamental right and this bill will help to ensure that parents with disabilities do not face discrimination. By increasing the burden of proof on the parent who raises disability as an issue, rights of disabled parents are protected and unnecessary litigation is avoided."
Ella Callow, an attorney and director of legal programs for the National Center for Parents with Disabilities and their Families, pointed out:
"California's laws relating to parents with disabilities are very unfair."
Timothy Sayre, a San Diego father, hopes that SB 1188 will help parents like him. His ex-wife moved his three children out-of-state in 2002 but, as part of a visitation agreement, they spent summers with him. Sayre became disabled two years ago, and spent much of this spring battling to maintain his summer parenting time. He concluded:
"I use a wheelchair but I can still parent... Do my children love and need me less because I use a wheelchair"?
SB 1188 is sponsored by Disability Rights California, Fathers and Families, and the American Retirees Association.
Insights, Analysis, and Developments
Editorial Note: The passage of legislation like SB 1188 represents more than a technical amendment to family law - it challenges deeply ingrained societal misconceptions that equate physical disability with diminished parenting ability. When Timothy Sayre asked whether his children loved him less because he uses a wheelchair, he highlighted the absurdity of allowing mobility differences to override years of successful parenting. As approximately one in six parents nationally has a disability, and these families typically face economic disadvantages that make prolonged legal battles prohibitively expensive, such protections become essential not just for individual families but for recognizing that parenting capacity stems from emotional connection, consistency, and care rather than physical ability. The measure's support from diverse organizations - from disability rights groups to fathers' advocacy organizations - demonstrates a broad recognition that family courts must assess actual parenting skills rather than rely on outdated stereotypes that harm both parents and children - Disabled World (DW).Attribution/Source(s): This quality-reviewed publication was selected for publishing by the editors of Disabled World (DW) due to its relevance to the disability community. Originally authored by Disability Rights California and published on 2010/08/14, this content may have been edited for style, clarity, or brevity.