Disability Rights In Parenting

Summary

The Americans with Disabilities Act (ADA) prohibits discrimination based on disability, including in parenting and family law. In Ohio, decisions about child custody should not be based solely on a parents disability unless it directly affects their ability to care for the child. ADHD is recognized under the ADA, and individuals are entitled to reasonable accommodations. If a decision to take children is based solely on a symptom of ADHD, it could be considered discrimination. Courts require concrete evidence for domestic violence claims, and isolated incidents can be argued with evidence of therapy progress. Common accommodations for ADHD include extra time on tasks, breaks, and flexible schedules.

Full Conversation

Is this correct? My disability to understand social situations is a symptom of autism. Taking my child based on that allegation is discrimination.
Hi Abby! In Ohio, discrimination based on disability is prohibited under the Americans with Disabilities Act (ADA) and the Ohio Civil Rights Act. Here's some general information:
- Your disability should not be used as grounds for child custody decisions unless it directly affects your ability to care for your child.
- Any decision to remove a child must be based on the child's best interests and not solely on a parent's disability.
Would you like more detailed information or assistance on this matter?
I'm drafting a legal argument and I'd like to verify some information. Is this correct? The Americans with Disabilities Act (ADA) prohibits discrimination based on disability, including in matters of parenting and family law.
Yes, Abby, you're correct. The Americans with Disabilities Act (ADA) prohibits discrimination based on disability, which includes matters of parenting and family law. This means decisions about child custody cannot be based solely on your disability unless it directly affects your ability to care for your child.
Would you like more detailed information or assistance on this matter?
if there's no evidence of continued domestic violence, can that be used in court?
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Hi Abby! To address your question:
- If there's no evidence of continued domestic violence, it can certainly be used in court to challenge any claims or allegations.
- Courts generally require concrete evidence to make decisions related to domestic violence.
Is there a specific situation or claim you are facing related to this?
If he hit me one time, how would I argue that if we're also going to therapy?
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Hey Abby! If he hit you one time, you can argue that the incident was isolated and that you're both actively working on resolving issues through therapy. Here are some key points:
- Highlight the isolated nature of the incident.
- Emphasize your commitment to therapy and positive changes.
- Provide any evidence of progress in therapy.
Is there anything specific you need help with in your argument?
is ADHD covered under the ADA
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Yes, ADHD is covered under the Americans with Disabilities Act (ADA). The ADA recognizes ADHD as a disability if it substantially limits one or more major life activities. This means that individuals with ADHD are entitled to reasonable accommodations in various settings, including work and education.
Is there a specific situation or need you have regarding ADHD and ADA coverage that I can help with?
could taking the children based on a symptom of ADHD be discrimination?
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Hi Abby! It could potentially be considered discrimination if the decision to take your children is based solely on a symptom of your ADHD. Here's some general information:
- The ADA and Ohio Civil Rights Act protect individuals from discrimination based on disabilities.
- Child custody decisions should be based on the best interests of the child, not solely on a parent's disability.
Would you like more detailed information on how to present this argument in court?
What accommodations can someone with ADHD ask for?
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Hey Abby! Here are some common accommodations individuals with ADHD can ask for:
- Extra time on tests or assignments
- Permission to take breaks during tasks
- Use of technology for organization and reminders
- Flexible work or school schedules
- Written instructions for tasks
Is there a specific setting or situation you need accommodations for?