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4300 Child Support, Custody and Children with Autism

Friday, July 24, 2009: 12:45 PM-2:00 PM

Broadway Ballroom B (Pheasant Run Resort and Conference Center)

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This session will examine the unique child support and child custody issues faced by families who have children with autism, when going through divorce and paternity cases. The divorce rate for families who have children 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 plans need to include special provisions concerning child support and child custody. 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. Recommendations

a. Utilization of Special Needs Coordinators/Special Masters

b. Educate the Lawyers and Judges

c. Proposed Legislation

Learning Objectives:

Learn how autism affects children and families in divorces and paternity actions.
Learn why standard visitation schedules, parenting plans and child support guidelines 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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