Legal Question in Disability Law in Massachusetts

I am a recently divorced father of two children and also suffer from the symptoms of Young Onset Parkinson's Disease. The divorce proceedinf were long and drawn out and even went to trail. In the end, the Court granted physical custody to my ex-wife and we share legal custody. The rationale for the decision seems to have been due ti my having Parkinson's... that does not seem fair. To me it appears that I have been discriminated against... What is your take on this? and what can i do about it???


Asked on 10/14/09, 11:04 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

If the decision reads: "Custody to mother because father has Parkinson's disease," and NOTHING else, you MIGHT have a case for an appeal. That would be an abuse of discretion. I find it far more likely that your illness was only one factor in the judge's determination of what is in the child's best interest. I would be happy to review the decision with you in a private consultation, but I have to suggest that you have a long road to walk to prove discrimination, much less that the judge abused his or her discretion.

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Answered on 10/21/09, 4:29 pm


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