Can a Disabled Parent Maintain Their Parental Rights in a Divorce Case?

It goes without saying that Arizona parents going through divorce face emotional and often contentious questions about parenting following the end of their marriage. When one of the parents has a disability, these questions can become even more complex. Can a disabled parent maintain parental rights? And how does the process work?

The team at Lincoln & Wenk has experienced divorce lawyers in Phoenix, Arizona, and we’ve helped parents through all types of difficult custody arrangements, including cases involving disabilities.

If you or the other parent has a disability, you need to understand your rights and responsibilities under both Arizona and federal law. We’d like to help break down what the law says, how courts actually apply it, and the steps you can take to protect your parental rights.

Arizona Family Law Basics: Custody Focuses on the Child’s Best Interests

Arizona family law refers to child custody as “legal decision-making” and “parenting time,” and decisions should be made in the best interests of the child, as outlined in A.R.S. § 25-403. The law directs the court to evaluate several factors, including:

• The emotional bond between the child and each parent

• Each parent’s ability to meet the child’s physical, emotional, and developmental needs

• The mental and physical health of parents, children, and involved persons

• The child’s adjustment to home, school, and community

• Whether either parent has a history of domestic violence or abuse

Crucially, Arizona law does not permit courts to deny custody or parenting time either in an initial divorce order or when transferring child custody solely based on a parent’s disability. Instead, there must be a clear link between the disability and some demonstrated harm or risk to the child.

Disability Does Not Disqualify a Parent From Exercising Parental Rights

Can a disabled parent maintain parental rights in a divorce case? The answer is firmly yes, provided that the parent can meet the needs of the child with or without accommodations. Arizona courts must evaluate each case on an individualized basis. Stereotypes or assumptions are not legally admissible evidence.

Under A.R.S. § 25-403.02, the law directs a judge to begin with a presumption that both parents should share legal decision-making and parenting time equally — unless doing so would harm the child. This presumption applies to all Arizona parents, including those with disabilities.

Disabled parents, and especially women, are at increased risk of domestic abuse. If you are leaving an abusive relationship, be aware that courts must consider domestic violence under A.R.S. § 25-403.03. Your disability should not be a weapon against you in these cases. Instead, your safety and ability to parent independently of an abuser should be a critical factor.

Family Court and Disabled Parents: What Judges Must Consider

Judges must walk a fine line between evaluating parenting ability and avoiding discrimination. In Arizona, courts cannot terminate or limit parental rights just because a parent has a diagnosis. They must consider:

• Does the disability affect the parent’s ability to provide a safe and stable environment?

• Can reasonable accommodations address any limitations?

• Are there support systems in place to help the parent?

Parental Rights for a Person With Disabilities: The Role of the ADA and Federal Law

Federal protections also play a key role in Arizona custody decisions. The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act restrict discriminatory acts against people with disabilities in public services, including family court proceedings.

The interaction of the federal ADA and child custody can be complex. The ADA doesn’t override Arizona’s best interests standard, but it does require the court to avoid discriminatory practices in applying that standard.

For example, a court cannot assume that a blind parent cannot supervise a child unless there’s specific evidence showing harm. And if a parent needs an accommodation, such as an in-home assessment or a modified visitation schedule, the court must make reasonable efforts to provide it. Nevertheless, disabled parents must be proactive in asserting their rights and requesting support.

Avoiding Disability Discrimination in Custody Cases

While laws are in place, real-world outcomes don’t always reflect them. Disability discrimination in custody cases can and does happen. Federally sponsored research has shown that a substantial number of parents with physical disabilities have reported discriminatory treatment in court. As many as 80% of intellectual or psychiatric disabilities have reported that they lost parental rights based only on their disability.

Parents with disabilities need to proactively assert their rights and prepare to provide evidence of their parenting capacity. Those often include support systems, adaptive tools, or structured routines. An experienced divorce attorney can argue for the court to avoid relying on stereotypes and instead assess a parent’s real-world functionality.

Nevertheless, both conscious and unconscious bias often emerge in custody battles involving disabled parents. For example, one parent might argue that the other’s physical or mental health condition makes them unfit, without offering proof of actual harm to the child. Or a parenting evaluator might assess a disabled parent using outdated or inappropriate methods.

In these cases, it’s essential to work with an attorney who understands both family law and disability rights. The court should consider:

• Independent evaluations by professionals trained to assess parents with disabilities.

• Parenting capacity in the parent’s home environment, not just in clinical settings.

• The use of assistive technology, family support, or structured routines that make parenting safe and appropriate.

Evaluating a Disabled Person’s Parenting Capacity

To evaluate a disabled person’s parenting capacity, Arizona courts must rely on facts and properly obtained expert assessments. That means the parties or the court can take steps toward:

• Conducting an individualized assessment.

• Including home-based observations in an assessment.

• Making sure that expert evaluators have training in disability-inclusive methodologies.

Disability alone is not determinative. For example, a parent with a mobility impairment may use assistive devices and a support network to effectively care for their child. Courts must focus on the function and actual care of the child, not just a standalone diagnosis.

If You Are the Disabled Parent

If you’re navigating a divorce and have a disability, you still have every right to remain in your child’s life. Take steps to protect your child and your parenting rights:

• Document your parenting abilities: Create a record of your daily caregiving tasks, strategies, and the supports you use to care for your child.

• Request accommodations early: Ask for accessible courtrooms, interpreters, in-home assessments, or other tools you need to fully participate in the process.

• Hire an experienced attorney: Work with an experienced Arizona family law lawyer familiar with the ADA and Section 504.

• Challenge discrimination: If the other parent or the court is using your disability unfairly against you, raise the issue as a violation of your parental rights.

If the Other Parent Has a Disability

If your co-parent has a disability, your focus should remain on the child’s needs and not the other parent’s diagnosis. Arizona law makes it clear that you must prove that the disability causes actual harm or risk to the child.

Here’s how to proceed:

• Avoid using disability as a weapon: Courts can penalize bad-faith arguments based on bias rather than fact.

• Focus on the child’s best interests: Provide evidence that supports your ability to meet the child’s needs.

• Be cooperative if possible: If safe and appropriate, work with the other parent to develop a parenting plan that accommodates their needs.

• Respect the ADA: The law requires accommodations for the other parent. Opposing those accommodations without cause can backfire.

Practical Tips for All Parents in These Cases

Whether you’re the disabled or non-disabled parent:

• Hire a qualified family law attorney with experience in Arizona custody law and disability rights.

• Request fair parenting assessments and insist that evaluators are familiar with the American Psychological Association’s Guidelines for Assessment and Intervention with Persons with Disabilities.

•  Maintain records of court proceedings, evaluations, and accommodations requested or denied.

• Be open to mediation, as Arizona courts encourage mediated solutions over expensive and time-consuming litigation. A collaborative approach with a mediator who has experience with legal disability issues often results in better outcomes for everyone, especially your child.

Contact Lincoln & Wenk for Professional Representation During Your Divorce Case

Custody battles involving disabled parents can be emotionally and legally complex. Lincoln & Wenk’s attorneys advocate for fair treatment and work to show the court the full picture, not just a diagnosis. Whether you’re going through a divorce or a disabling event has impacted your situation after divorce, we can help you navigate the intersection of disability law and family law with clarity and compassion.

Can a disabled parent maintain parental rights in a divorce? Absolutely. Arizona law, supported by strong federal protections, ensures that disabled parents have the same opportunities to maintain custody and visitation as any other parent, so long as they can meet their child’s needs, with or without accommodations.

Call Lincoln & Wenk today at (623) 294-2464 to schedule a consultation and discuss your parenting rights, regardless of the challenges ahead. We’re here to help you through every step of the divorce process.