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3398 Divorce and Families with Autism

Thursday, July 10, 2008: 4:00 PM-5:15 PM

Sarasota 3 (Gaylord Palms Resort & Convention Center)

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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

Learning Objectives:

Learn how autism affects children and families in divorce and paternity actions.
Learn why standard visitation schedules, parenting plans, child support guidelines, maintenance analysis and property distribution formulas do not meet the short-term or long-term needs of children with autism and their families.
Learn how to address the unique issues inherent in handling divorces and paternity actions which involve children with autism.

Content Area: Family and Sibling Support

Presenter:

Margaret Price, J.D.
Attorney, Author, Past President of GWASA
Price Law Firm, LLC

Author of The Special Needs Child and Divorce, (a law book), and Divorce and the Special Needs Child, A Guide for Parents. Her 16 year old son was diagnosed with autism at age 3. Attorney for 25 years and past president of the St. Louis ASA Chapter.

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