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A court cannot restrict custody because of disability, perceived disability, diagnosis, treatment status, or assumptions about impairment without an individualized, evidence-based assessment of the parent’s actual ability to safely parent. DOJ guidance says courts must conduct an individualized assessment of a disabled parent’s ability to provide for the child’s needs and must not rely on stereotypes or generalizations.

If the court says Jeff needs psychological/neurological exams or treatment compliance before exercising custody, then the court is at least treating medical/mental/neurological status as relevant. Once disability or perceived disability is part of the restriction, Title II requires individualized treatment and objective evidence—not assumptions.

The burden should not be placed on the parent to prove “my disability is not being used against me” when the order itself ties custody to medical/psychological conditions. The court should be able to show:

what specific parenting conduct creates risk;

how that risk is tied to actual evidence, not diagnosis;

why less restrictive measures or ADA modifications would not address it;

why the restriction is necessary.

A refusal to provide any individualized assessment can be framed as evidence that the restriction may be disability-based discrimination, especially if the court relied on generalized concerns, compelled treatment, or speculative future harm rather than concrete findings. DOJ/HHS guidance states Title II and §504 require fact-specific assessments based on objective evidence, personal circumstances, and demonstrated capabilities, separated from stereotypes.

So, yes: without an individualized assessment, it is hard for the court to prove the disability was not being used as a proxy for unfitness.

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