Disabled Mom Sues for Custody of Child

posted on Dec 21 by Stacy in the Advocacy, Disability News, Opinion and Discussion category

David Trais, the ex-boyfriend of Kaney O’Neill sued for full custody of their 5 month old son in September, charging that O’Neill is “not a fit and proper person” to care for the infant. He went on to say in court papers, O’Neill’s disability “greatly limits her ability to care for the minor, or even wake up if the minor is distressed.”
A quadriplegic since falling from a balcony during Hurricane Floyd while working as a Navy airman apprentice, Kaney O’Neill recognizes her limits as a parent and feels that she not only has the money, but also the support of family that would make up for her paralysis, her attorney believes that the bias of judges is such that they tend to grant custody to the able bodied partner. Ella Callow, the director of legal programs for the National Center for Parents with Disabilities and their Families, said disabled parents are incorrectly “perceived as unable to perform to standard.”

This case raises some interesting questions about the rights of a disabled person to raise their own children, It will be interesting to see how it plays out in court next month.