Dear faithabcd-ga;
Thank you for allowing me an opportunity to answer your interesting
question. When looking for cases or decisions to support your argument
that the courts have, in the past, awarded custody to a parent who had
a learning disability, mild retardation or low IQ, etc, it is
important to understand that in some instances the fact that the case
occurred outside of Florida is irrelevant. Especially where appellate
court decisions are concerned, decisions often set legal precedents
and are routinely cited nationally and not just in the state where the
court?s opinion was rendered.
Having said that I?d like to point out this very important Illinois
case, re: Marriage of STOPHER, where the appellate court awarded
custody to a mother who had an IQ of 67 (a reading level of second
grade, etc.). In spite of the child?s biological father?s argument
that he would be a better custodial parent, evidence showed that the
mother could care for the child but the father, as it turned out, was
compulsive and impatient. The mother showed that she could not only
properly care for the child now, but would be able to provide proper
care, nurturing and guidance to the child in the future phases on the
child?s life with the aid and assistance of caring family members.
Even the custody evaluator in this case, whose responsibility it was
to interview both parents and make a recommendation to the court,
recommended that the child be placed with the father because of the
mother?s cognitive limitations, but surprisingly the trial court
properly awarded custody to mother. Despite this recommendation, the
court understood that with the aid of her family the mother could
indeed meet the child's developmental needs, as he grew older.
Re: Marriage of STOPHER
http://www.state.il.us/court/Opinions/AppellateCourt/2002/4thDistrict/April/Html/4010804.htm
Again, this is an Illinois case, but it should be noted that appellate
cases are often significant for the purposes of legal precedent
regardless of the state. I encourage you to carefully read this case
as it sounds very much like what your situation appears to be. I think
you will learn a lot about what this young lady and her family did
(and didn?t do) to convince the court that she was a better parent
that the child?s non-disabled father. I think you will also see that a
low IQ is not always a testament to being a bad parent, and there?s a
great deal to be said about families who ?stick together? when times
get tough ? something this court obviously recognized and publicly
supported in it?s decision in favor of the mother. Will it be
important to prove the father unfit? It wouldn?t hurt, but it might
not be necessary either. It might only be necessary to establish that
the child is better off where he is (with his mother) and with the
love and care of a supportive family they both can, and will, enjoy
the quality of life that is in the child?s best interest.
It is also important to note that the fact that a parent happens to be
developmentally disabled IS NOT one of the included grounds for legal
termination of parental rights in the State of Florida:
FLORIDA LEGISLATURE
39.806 Grounds for termination of parental rights.--
http://www.flsenate.gov/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0039/Sec806.HTM
While this is not necessarily a defense in a custodial case, it does
show that the State of Florida declines to hold such a disability to
be a factor in the termination of parental rights should,
theoretically, have the same view when it comes to parental custody.
Here is a source that may be able to provide you with additional help
and information:
THROUGH THE LOOKING GLASS is an organization that counsels parents
with disabilities (including learning disabilities) on a wide variety
of issues; custody issues of course are among them.
tlg@lookingglass.org
Voice: (510) 848-1112, Ext. 174
Toll Free: (800) 644-2666
TTY: (800) 804-1616
FAX: (510) 848-4445
THROUGH THE LOOKING GLASS
http://lookingglass.org/parents/
I wish you the best of luck!
Below you will find that I have carefully defined my search strategy
for you in the event that you need to search for more information. By
following the same type of searches that I did you may be able to
enhance the research I have provided even further. I hope you find
that my research exceeds your expectations. If you have any questions
about my research please post a clarification request prior to rating
the answer. Otherwise, I welcome your rating and your final comments
and I look forward to working with you again in the near future. Thank
you for bringing your question to us.
Best regards;
Tutuzdad ? Google Answers Researcher
INFORMATION SOURCES
Defined above
SEARCH STRATEGY
SEARCH ENGINES USED:
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SEARCH TERMS USED:
FLORIDA
CASES
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