Present law provides, for the purposes of child custody determinations, that the disability of a parent seeking custody does not create a presumption for or against awarding custody to such a party but may be a factor to be considered by the court.
This bill rewrites the above provision to instead provide that the disability of a parent alone will not be considered for or against awarding custody to such party unless the disability impacts the parent's ability to meet the needs of a child. Similarly, this bill adds that the disability of a parent or guardian alone will not be considered for or against termination of parental or guardian rights unless the disability impacts the parent's ability to care for the physical or psychological welfare of the child.

Statutes affected:
Current Version: 36-6-106, 36-1-113