By Michael Phillips | Father & Co.

A federal appeal now pending in the United States Court of Appeals for the Second Circuit highlights a recurring and dangerous pattern in the justice system: disabled parents being denied basic accommodations at the exact moment their rights are most vulnerable.

In the case, Marc Fishman alleges that New Rochelle police refused to allow his court-assigned ADA cognitive aide to assist him during a custodial interrogation—despite repeated requests and prior court authorization.

The interview involved complicated family-court orders and custody documentation. Without assistance, Fishman argues, he was unable to effectively communicate or protect himself during questioning.

Why This Matters to Parents

For parents—especially those navigating custody disputes—police encounters can become inflection points that shape years of litigation. When disability accommodations are denied:

• Parents may be misunderstood or misrepresented
• Statements may be taken without meaningful comprehension
• Arrests can trigger family-court consequences
• Disability itself becomes weaponized rather than protected

The appeal emphasizes that disability rights do not disappear during police encounters. Federal law requires meaningful access, not discretionary belief by officers.

A Systemic Problem, Not an Isolated Incident

According to court filings, officers did not dispute Fishman’s disability—but admitted they did not “accept” it and therefore refused accommodation. No interactive process was attempted. No alternative support was offered.

This pattern mirrors complaints raised by many disabled parents nationwide: disbelief, dismissal, and denial—followed by cascading legal harm.

What’s at Stake

If the appellate court reverses the lower court’s ruling, the case could reinforce a critical principle:

Parents with disabilities are entitled to support, fairness, and access—especially when law enforcement actions can affect custody, reputation, and family stability.

Father & Co. will continue to track this case as part of our broader reporting on disability rights, family-court systems, and parental due process.

Keep Father & Co. Free

Father & Co. exists to support parents navigating separation, custody, and systems that are often confusing, isolating, or overwhelming. This work is grounded in lived experience, careful research, and respect for the real stakes families face.

If this article helped you feel less alone, better informed, or more grounded, reader support helps keep these resources free and available to others who need them.

👉 Support Father & Co.

Need help reviewing or organizing court or formal documents?

Father & Co. offers non-legal document review and organization for people representing themselves. This includes clarity, structure, neutral tone, and timeline organization — not legal advice or representation.

👉 View Services

Have a story, experience, or resource to share?

Submissions are reviewed with care and discretion. We respect privacy and handle sensitive information responsibly.

👉 Submit a Story