Legal Question in Family Law in Texas

Disabled Dad

I am a paraplegic due to an auto wreck 4 years ago. On Nov. 20, 2001 my wife filed for divorce and moved out one week later. She says she is just unhappy and needs to get her life in order. We had originally agreed to get counceling and wait until the end of May 2002 before she pursued any divorce proceedings sparing our children from dealing with this during school, she obviously did not stick o this agreement. She has not acted at all in the best interestof our kids.

I want primary custody, and I have demonstrated the ability to care and attend to the needs of the kids.

Can my disability be held against me, and if I believe it has been is there anything I can do?


Asked on 2/18/02, 9:36 am

2 Answers from Attorneys

Paul T. Hebda, Ph.D., J.D. The Hebda Law Firm

Re: Disabled Dad

Sir,

Everything is fact specific. A disability, in its self, doesn't automatically disqualify you from being the primary custodian of the children. It would be wise to contact an attorney in your area for representation in this matter.

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Answered on 2/18/02, 11:30 am
John Pfister, Jr. Pfister & Associates

Re: Disabled Dad

In deciding who should have primary custody, courst look to best interests of child. Your disability is just one of many factors the court will consider but it alone will not preclude you from gaining primary custody. Talk to an attorney in your area soon.

John PFister

972-712-9208

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Answered on 2/18/02, 12:08 pm


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