Update, 8/23/10–Governor Schwarzenegger signed SB 1188 into law today. It will take effect on January 1, 2011. Thanks to all of you who participated in our campaign.
Together with you in the love of our children,
Glenn Sacks, MA
Executive Director, Fathers and Families
Ned Holstein, M.D., M.S.
Founder, Chairman of the Board, Fathers and Families
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Short version: Fathers and Families’ mission is to protect children’s right to the love and care of both parents after divorce or separation. We often hear from parents who have been driven to the margins of their children’s lives because their disability/partial disability is being used to deny them custody or visitation. SB 1188 will protect these parents—to write a letter to Governor Schwarzenegger asking him to sign SB 1188, click here.
Please send your letter whether you are a California resident or not. Your letter will be hand-delivered to the Governor’s office by our Sacramento legislative representative. You may use our form letter or write your own.
Full version: Fathers and Families’ mission is to protect children’s right to the love and care of both parents after divorce or separation. We often hear from parents who have been driven to the margins of their children’s lives because their disability/partial disability is being used to deny them custody or visitation. Existing California family law codes do not address the issue of disabled parents, leaving the door open for unnecessary and often expensive litigation, even in cases where the disabled parent had been successfully parenting the children for many years prior to the separation or divorce.
While some people with disabilities are truly unable to care for their children, many are more than capable of doing so. California Senator Rod Wright’s (D-Los Angeles) SB 1188 will address this problem. Fathers and Families has joined with Disability Rights California, one the nation’s largest and most respected disabled advocacy organizations, and the American Retirees Association in co-sponsoring SB 1188.
Fathers and Families has helped garner the support of the Family Law Section of the State Bar of California, the Association of Certified Family Law Specialists, the Association of Family and Conciliation Courts, AMVETS Department of California, and others for SB 1188.
SB 1188 will add Section 3049 to the Family Code. It will read:
3049. In any proceeding to determine child custody or visitation under this part, in which at least one parent is disabled, the disability of that parent may not form the basis for an order granting custody or visitation to another party, or for an order for imposing any condition or limitation on an award of custody to or visitation by the disabled parent, unless there is a finding by the court that a grant of custody or visitation to, or a condition or limitation on custody or visitation by, the disabled parent would not be in the best interest of the child. This section applies to any proceeding regarding custody or visitation, including, but not limited to, a request for a modification of an existing order for custody or visitation…
SB 1188 increases the burden of proof on the parent who raises disability as an issue and will serve as a deterrent to unnecessary litigation. It will reduce litigation costs and court calendar time as well.
To send a letter to Governor Schwarzenegger asking him to sign SB 1188, click here.
If you are a parent with a disability, we want to hear from you–please fill out our form here. If you have a family law problem or feel that your disability has been used against you, please also fill out the last two boxes of the form.
Fathers and Families’ legislative representative Michael Robinson and assistant legislative representative Nicole Silverman have spent months lobbying legislators and gathering support for SB 1188. F & F is creating real, tangible family court reform today, but politics requires money–contribute to the organization which fights for you by clicking here. One affordable way to contribute is to make a monthly gift–to do so, click here and enter an amount in the “Monthly contribution” box.
Together with you in the love of our children,
Glenn Sacks, MA
Executive Director, Fathers and Families
Ned Holstein, M.D., M.S.
Founder, Chairman of the Board, Fathers and Families