Legal Question in Family Law in Arkansas

I have a friend who is deaf and also unable to smell. She was recently told that it should/is illegal fo rher to have custody of her child. I told her that I wasn't sure, but I did not think it was illegal. That it would be discrimination. I am pretty sure that it would be unconstitutional. I als told her that the only was for her to lose custody would be if she were demed an unfit mother. Could you please help. Thank you.


Asked on 9/17/09, 6:52 pm

1 Answer from Attorneys
Lisa Douglas Law Offices of Lisa Douglas

Custody of the children are determined based on the best interest of the child. Of course if the parent were determined unfit, it would not be in the best interest of the child to go with the unfit parent. The inability to smell or hear does not make one unfit. Further these deficits, although handicaps, does not prove it would be adverse to the interest of the well being of the child. I.e. being unable to smell or hear does not make one a bad parent.

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Answered on 9/17/09, 10:17 pm


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