By Bob Katzen
Would prevent a parent’s disability to be considered a negative factor in determining custody or parenting time with a child unless there is specific evidence that there is a link with the parent’s disability and a child’s alleged harm. It must also show that this harm cannot be prevented or alleviated by accommodation.
“Parents with disabilities sometimes lose custody of their children due to their disabilities,” said sponsor Sen. Joan Lovely (D-Salem). “This bill seeks to address this issue by requiring courts to find evidence of any harms when making custody decisions, explained in writing, and requiring supportive measures when appropriate that can be taken to avoid harm to the parents and their children. It will potentially help keep families together.”
It’s encouraging to see legislation like this pushing back against outdated biases. Disabilities shouldn’t be a default red flag in custody cases—context and actual evidence should matter most.