Divorce and Families with Autism

This session will examine the unique issues faced by families with autism when going through the family courts, during divorce, paternity, custody, support and modification cases. The divorce rates of families with autism is nearly 90%. These families have unique needs in addition to the usual concerns of families when going through divorce. To properly address these issues, the settlement agreements, decrees and parenting (visitation) plans need to include special provisions concerning visitation, child support, maintenance (alimony) and property distribution. SESSION CONTENT PLAN (ABSTRACT):

A.        OUTLINE:

I.          How Autism Can Affect a Child in a Divorce Case

a.         During the divorce case – short term withdrawal, regression, loss of language ability, loss of toilet training

b.         After the divorce case – longer term or permanent withdrawal, regression, loss of language ability, loss of toilet training, aggressive behavior, self-injury, institutionalization

II.         Why Standard Visitation Schedules, Parenting Plans and Child Support Guidelines Do Not Meet the Needs of Children with Autism Short-term or Long-term

a.         Problems with Standard Visitation Schedules and Parenting Plans when applied to Children with Autism

b.         Problems with Standard Child Support Guidelines when applied to Children with Autism

III.       Effect of Special Needs of Child on Maintenance, Pension Distribution and Property Distribution:  Custodial Parent Decreases or Sacrifices Career to Care for Child, Loss of Income, Health Insurance and Retirement.

IV.       Recommendations

a.         Utilization of Special Needs Coordinators/Special Masters

b.         Proposed Legislation