The Love DuCote Law Firm LLC Legal Blog

Rights to possession of a child and parental disabilities

Having a child should be one of the most joyous times in a parent’s life. Unfortunately, parents with low IQs often end up trying to prove they are worthy parents and capable enough to raise their children. In Texas and in other states, parental rights to possession of a child are questioned in 80 percent of disabled adults. 

A study by the National Council on Disability finds these acts disturbing and claims it sets America back to the days of eugenics. This is like going back to a time when those believed to be inadequate were sterilized to avoid becoming a burden on society. This form of discrimination often victimizes disabled parents who have a high degree of involvement with child welfare authorities.

Some experts contend that parents with low IQs are ill prepared to parent and are unable to care for an infant. Others stress that there is no direct correlation between a person’s IQ and good parenting. As of 2012, four million parents, or 6 percent of disabled mothers and fathers, struggle to retain custody of their children. The Council on Disability believes that parents should be tested by ability, not by an idea that people who happen to be disabled are bad parents.

According to the U.S. Department of Justice and the Department of Health and Human Services there is a stigma attached to those with intellectual limitations. They also report that IQ has little to do with the act of parenting and taking care of a child. Parents in Texas who have had their parental rights to possession of a child questioned may seek the guidance of a skilled lawyer. A family law attorney will work diligently to make sure that a client’s voice is heard and fight to preserve all applicable legal rights.

Source:, “Parents With Intellectual Disabilities Share Heartbreak of Losing Custody of Their Children“, Deborah Hastings, Nov. 17, 2017

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