I am medically retired from USMC, and receive social security disability and VA disability. I am being forced to go to court to get rights/custody of a child. Will the other party/attorney be able to get disability information and use it against me?
You offer a few questions, and I will try and answer them in turn. Will the other party/attorney be able to get information regarding your disability? Yes, as I would presume they could request information in discovery. Can they use that against you? I would generally say no, but it all depends on what the disability is. Generally, you should be faulted due to some disability; however, we are talking about a custody matter here. Your ability to parent could be hindered by certain disabilities. It doesn't make you a bad parent, but if you are unable to fully care for a child, it could be taken into consideration. Legally, however, your disability is not, and should not, be a factor for custody.
This answer is provided for general purposes only. If you need legal assistance you should consult with an attorney. Responding to questions DOES NOT create an attorney-client relationship. Nor does this answer contain legal advice. This answer is simply designed to answer a question and any information gained therein should be taken as information and not advce.
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