Can SSDI Impact Custody and Parenting Time Decisions?
For parents in Arkansas, Oklahoma, Mississippi, Tennessee, Texas, and Louisiana who receive Social Security Disability Insurance (SSDI), concerns about how their benefits may affect child custody and parenting time are common. Many parents worry that receiving disability benefits might impact their ability to maintain or gain custody of their children. Our Arkansas & Nationwide Attorneys at the American Disability Action Group are here to help you understand how your SSDI could impact your family law case.
How Courts Evaluate Custody Cases
In all six states, child custody decisions are based on the best interests of the child standard. This means the court considers multiple factors to determine which custody arrangement will provide the child with the most stable and supportive environment. Factors include:
- The physical and mental health of each parent
- Each parent’s ability to provide for the child’s emotional and physical needs
- The existing relationship between the child and each parent
- The stability of each parent’s home environment
- Any history of abuse, neglect, or substance abuse
While receiving SSDI is not a negative factor on its own, courts in states like Arkansas, Oklahoma, and Mississippi may examine whether a parent’s disability affects their ability to care for their child. If a parent’s condition limits their ability to provide supervision, meet basic needs, or maintain a stable home, it could impact custody arrangements.
Does SSDI Income Affect Custody?
SSDI benefits are considered a stable source of income, which can actually be a positive factor in custody cases. Courts in Tennessee, Texas, and Louisiana may take financial stability into account when determining a parent’s ability to provide for a child. Unlike other forms of public assistance, SSDI is not based on financial need but rather on the individual’s work history and disability status.
However, if a parent relies solely on SSDI and struggles to cover housing, food, and other essential expenses, a judge may consider whether the financial situation impacts the child’s well-being. That said, SSDI recipients may also receive dependent benefits for their children, which can provide additional financial support.
How a Disability Might Affect Parenting Time
Even if a parent does not receive full custody, they typically have the right to parenting time (visitation). In some cases, a parent’s disability may lead to modified visitation arrangements, such as:
- Supervised visitation: If a disability affects a parent’s ability to ensure the child’s safety, a judge may require supervision during visits.
- Adjustments in schedule or location: Parents with mobility impairments may request accommodations, such as virtual visits or meeting at an accessible location.
- Shared custody arrangements: If both parents can provide a stable home, a court may order joint custody with an adjusted schedule based on the disabled parent’s needs.
What SSDI Recipients Can Do to Strengthen Their Custody Case
If you receive SSDI and are involved in a custody dispute, you can strengthen your case by:
- Demonstrating a stable home environment – Showing that you can meet your child’s basic needs despite your disability.
- Providing medical documentation – If necessary, a doctor’s statement can confirm that your condition does not affect your ability to care for your child.
- Highlighting support systems – Courts in Arkansas, Oklahoma, and Mississippi may consider whether you have family members or caregivers who assist with childcare.
- Securing legal representation – A family law attorney can help advocate for your parental rights.
Final Thoughts
Receiving SSDI does not automatically impact child custody, but it can be a factor in a judge’s decision. Courts in Tennessee, Texas, and Louisiana, like in other states, will evaluate whether a parent’s disability affects their ability to provide a safe and stable environment for their child. If you are facing a custody battle while receiving SSDI, seeking legal guidance can help ensure your parental rights are protected.
If you have questions about SSDI and how it may impact your family, the American Disability Action Group is here to help. Contact us today for assistance in Arkansas, Oklahoma, Mississippi, Tennessee, Texas, or Louisiana.
