Legal Question in Family Law in Montana
If the primary custodian (the mother in this case) to two young children (ages 8 and 11) is determined to be permanently disabled and unable to work, can she legally have primary custodianship of the children or should they legally be under the care of their father who is in good health?
The mother (primary custodian) has not been medically cleared to drive and she is the ONLY person caring for the children from 3 to 5pm on school days and then once school lets out for the summer they will be with her all day everyday.
Isn't this considered to be harmful to the children's safety in the case of an emergency occuring and her inability to drive and care for the children because of this disability.
Thanks!
1 Answer from Attorneys
As a general rule, merely having a disability does not disqualify a parent from parenting. Even with a severe disability, the parent might compensate sufficiently to provide adequate parenting.
Not being medically cleared to drive is not a reason to deny parenting. We leave our children with 13 year old babysitters who are not cleared to drive, and no one thinks twice about it. faults our parenting.
No parent is 100% perfect. Nearly all children benefit from contact with both parents. Parenting is not a contest where one parent wins custody. Invariably the children lose in a Battle of the Parents.
* Focus on the children rather than on mother�s disability.
* Focus on how to help mother compensate for what she cannot do.
* Focus on parenting as a team. This is not a contest.
* Focus on the goal: the child�s best interest.
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