When a parent who has primary physical custody or shares custody somewhat equally with the other parent becomes disabled, this is usually not a problem in regard to caring for the children. However, if the other parent wants primary physical custody, that person might now file a motion with the court to make this change. A child custody attorney in Sheboygan, WI can represent the disabled individual to make sure the current arrangement is not modified.
Emotional Effects on the Children
Children can be deeply affected by modifications to their living arrangements, and not always for the better. A custody battle between parents they love creates a certain amount of emotional trauma for them and also a certain level of guilt. Family court judges want parents to consider what is in the best interests of the children. Unless the disabled parent is truly unable to care for the youngsters anymore and help is unavailable, the judge may not be inclined to approve the petition.
Proactive Steps
A child custody attorney in Sheboygan, WI will build a case to answer any potential concern the other parent addresses. The client may need to take proactive steps as well, depending on their condition.
Occupational therapy is available to help newly disabled parents of young children, for example. Being able to rely on the grandparents and other close family members can set a judge’s mind at ease as well. If the parent hires a housekeeper or a nanny for assistance, the other parent will not be able to successfully argue that this is a negative aspect.
Presenting Evidence in Court
The parent petitioning for primary physical custody may be unable to view the situation objectively, but a judge almost surely will. The respondent and their lawyer will use a variety of strategies to show that modifying custody is unwarranted at this time. Witnesses might include social workers and representatives from the department of family and child services. An expert witness in the field of child psychology or education may testify for this parent as well. Anyone needing help in this type of situation can contact us at Roth & Basler through our website.
