What to do if my 4 year old son’s mom is physically handicapped and she wants to watch him by herself but I don’t feel that it is safe for him?

Should he be in her care by himself? She lives alone and is able to care for herself but I just don’t know if she can handle him alone.

Asked on November 7, 2012 under Family Law, Iowa


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is not the kind of question that can be answered in this type of forum. A disability does not preclude you from having custody of your child unless it can be proven that you would be unfit to do so.  If you are concerned then offer positive advice to help and pay for help if necessary.  Make sure that house is secure for your son - you would want that regardless of her handicap - so he can not topple the bookshelf or the stove or turn on the gas.  Make the environment a positive one for all involved and speak with some one there who can fully evaluate the matter.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.