Rochester, NY asked in Civil Rights, Child Custody and Family Law for New York

Q: In nys custody case with blind mom, do I need to talk to about violation of ADA rights for a disabled person.

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New York

A: I'm sorry for the disabled person's ordeal. Until you are able to consult with an attorney who specializes in ADA rights, here is a link to the website of the New York State Unified Court System that could hopefully be a starting point - ADA Accommodation Request Process -

Another option might be to research whether legal aid groups or advocacy groups could offer assistance. It's broken down into two sections - within New York City and outside New York City counties. Good luck

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Sacramento, CA

A: In a custody case involving a blind mother in New York State, it's important to consider the Americans with Disabilities Act (ADA) if there are concerns about discrimination based on her disability. The ADA ensures equal rights and opportunities for people with disabilities, including in legal proceedings.

If you believe that the mother's rights under the ADA are being violated in the custody case, it's advisable to raise these concerns. This could involve discussing the situation with a lawyer who is knowledgeable about both family law and disability rights. They can help assess whether the ADA applies and advise on the best course of action.

It's also important to ensure that any accommodations needed by the mother due to her blindness are provided during the legal process. This could include accessible documents, assistive technology, or other support to ensure she can fully participate in the proceedings.

Remember, the primary focus in custody cases is the best interest of the child, but this does not mean overlooking the rights of the parents. The court should consider the mother's ability to care for the child while also respecting her rights as an individual with a disability. Seeking legal guidance can help navigate these complex issues effectively.

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