Family Law, Parents with Disabilities, and the Americans with Disabilities Act

Powell, Robyn M.

doi:10.1111/fcre.12396

Cited by 9 publications

(5 citation statements)

References 8 publications

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“…Approximately 10% of adult men younger than 65 in the United States have a disability (Erickson et al, n.d.). Although it is still unclear how many and what proportion of men with disabilities are fathers of children aged 18 or younger, their number is likely increasing as more people with disabilities live independently and advocate for their parental rights (Erickson et al, n.d.; Powell, 2019). Prior studies suggested that many fathers with disabilities are of low socioeconomic status (Namkung et al, 2019) and experience pejorative attitudes toward their parenting abilities (Lightfoot et al, 2021; Slayter & Jensen, 2019), which might lead them to have fewer childcare resources and live apart from their children.…”

Section: Theoretical Background and Literature Reviewmentioning

confidence: 99%

“…Prior studies also suggest that many disabled parents experience the realistic fear of losing their custody due to societal assumptions about their ability to care for their children (Lima et al, 2022; Lightfoot et al, 2021; Powell, 2019), although none of these studies specifically examined fathers with disabilities. However, some qualitative studies clearly highlighted the lack of resources and support fathers with disabilities may experience.…”

Section: Theoretical Background and Literature Reviewmentioning

confidence: 99%

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Residency differences between fathers with and without disabilities in the United States

Namkung

Mitra

2023

Family Relations

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ObjectiveThis study examines the residential status of fathers by disability status. We also explore whether paternal residency varies by different types of disability.BackgroundEarlier studies have found that racial and ethnic minority fathers and those of lower socioeconomic status are more likely to live apart from their children. However, the residency status of fathers with disabilities is not well understood.MethodsWe used data from the 2011–2019 National Survey of Family Growth (N = 6,477). Multinomial regression models estimated the odds ratios of paternal residency by disability status and type of disability, net of covariates.ResultsDisabled fathers were more likely to live apart from at least some of their children than nondisabled fathers, but the disparities were significant only for those with multiple disabilities (two or more types of disabilities) after adjusting for socioeconomic covariates. The higher likelihood of living apart from their children was particularly evident for fathers with cognitive and independent living disabilities.ConclusionsOur findings highlight the importance of providing social and community supports and economic resources for the residential status of disabled fathers. Further research is needed to better understand the unobserved, underlying risk factors of their nonresidential status.ImplicationsThe findings highlight the importance of including disabled fathers in fatherhood programs.

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Section: Theoretical Background and Literature Reviewmentioning

confidence: 99%

Section: Theoretical Background and Literature Reviewmentioning

confidence: 99%

Residency differences between fathers with and without disabilities in the United States

Namkung

Mitra

2023

Family Relations

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“…This is an unfair stereotype that is often applied to disabled mothers, sometimes resulting in the removal of their children from their custody. 23 Parenting is far more complex than a series of physical care tasks and involves nurturing and other skills that one could argue are equally important as physical ability. The second assumption is that the only possible caregivers to attend to Julia's needs are her parents.…”

Section: Relational Autonomymentioning

confidence: 99%

Rethinking systemic ableism: A response to Zagouras, Ellick, and Aulisio

et al. 2022

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Introduction This article is a response to Zagouras, Ellick, and Aulisio who presented a case study justifying the questioning of the capacity and autonomy of a young woman with a physical disability who was pregnant and facing coercive pressure to terminate. Case description Julia is described as a 26-year-old woman with a neurological disability that requires her to receive assistance with activities of daily living. She was described as living with her parents who provided her with personal care assistance. Julia became pregnant and her parents wished her to terminate because they did not want to care for her child in addition to her. In fact, Julia's parents threatened her with institutionalization if she did not elect to terminate the pregnancy. Her health care team questioned her decision-making capacity based on her alleged “mental age” and experiences of being sheltered and excluded. The health care team used directive tactics to convince Julia to terminate the pregnancy, which describe as both an ethical and feminist intervention. Discussion The current authors take issue with the case analysis provided by and argue that they neglected to account for numerous instances of systemic ableism that adversely affected Julia, demonstrated prejudicial and judgmental attitudes toward pregnancy and disability, inappropriately questioned her decision-making capacity by infantilizing her, misconstrued the feminist concept of relational autonomy, and colluded with coercive interference from family members. This is a classic example of discriminatory and culturally incompetent reproductive health care for a disabled woman.

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“…The literature on social workers' recommendations in that regard is extensive (e.g. Powell, 2019), and focuses on various considerations made by the professionals, including parental risk and competence (Lauritzen et al, 2018). Unfortunately, parents with disability are discriminated against when it comes to child custody, as with regard to other parental rights (Lanci, 2018).…”

Section: Introductionmentioning

confidence: 99%

Social workers' recommendations regarding child custody of parents with intellectual developmental disabilities or mental illness

Badran

Rimmerman

2022

Int J Soc Welfare

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This article examines Muslim social workers' recommendations regarding child custody of parents with intellectual developmental disabilities and mental illness in Israel. Aside from the professional challenges of determining whether the parents are capable of being custodians, the article portrays and discusses the role of traditional norms in Muslim social workers' recommendations. The tension between professional and traditional norms and values is introduced and analysed in three different vignettes chosen from 14 Shari'a court rulings. The article concludes that Muslim social workers are aware of the traditional norms that prevail in their communities but tend to follow their professional values in their practice. The article sheds light on the importance of the family in the lives of people with disabilities in Arab society during the professional practice. The religious elements of a traditional society in the context of disabilities should be taken into account also.

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Family Law, Parents with Disabilities, and the Americans with Disabilities Act

Cited by 9 publications

References 8 publications

Residency differences between fathers with and without disabilities in the United States

Residency differences between fathers with and without disabilities in the United States

Rethinking systemic ableism: A response to Zagouras, Ellick, and Aulisio

Social workers' recommendations regarding child custody of parents with intellectual developmental disabilities or mental illness

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