Divorce can be destabilizing for the children involved, especially in cases involving a high level of conflict. It is vital that parents of children with autism prioritize their child’s health and overall well-being during high-conflict divorces.
Divorcing when children with autism are involved can add a layer of complexity to child custody orders and financial considerations. Our firm has experience handling divorce cases involving children with special needs. Our attorneys can help you resolve issues and work towards an arrangement that is in your child’s best interests.
Put Your Child’s Needs First
The “best interest of the child” is what the New York State Unified Court System will focus on when determining child custody. When making custody decisions, the family court judge will evaluate health, safety, and financial considerations. The judge will also factor in each parent’s ability to get along and cooperate with the other, particularly in high-conflict divorces.
Things the courts will consider include:
- The child’s need for specialized medical treatment, therapies, and educational services
- Each parent’s ability to manage the child’s medical treatment, therapies, education, and appointments
- Each parent’s ability to pay for the child’s daily care and special needs
- Each parent’s ability to manage and cope with stressful parenting situations
- Each parent’s physical and mental health
- Which parent is best able to keep the child safe
- The child’s relationship with each parent
Seek an Arrangement That Prioritizes Stability and Routine
Unless there is a risk of neglect, abuse, or domestic violence, family courts encourage custody arrangements that allow the child to maintain a relationship with both parents.
Custody refers to:
- Legal custody – Legal custody grants a parent the right to make decisions about how a child will be raised. These decisions may include medical treatment, schooling, therapies, extracurricular activities, and religious upbringing.
- Physical custody – Physical custody refers to who the child lives with. Parents can share physical custody in various ways.
In divorce with children with autism, prioritizing the child’s stability and routine is vital, as disruptions can cause anxiety and lead to behavioral changes. Physical custody arrangements should strive to minimize changes in the child’s life. For example, parents may opt to switch custody on a weekly or bi-weekly basis, rather than mid-week.
The custody plan should also clearly outline who is responsible for specific appointments and medical needs, both logistically and financially.
Try To Reduce Conflict for the Sake of the Child
Open animosity, hostility, or fighting in front of your autistic child can cause them significant distress. For your child’s sake, you and your soon-to-be-ex spouse need to try to minimize conflict. The court will also look unfavorably on any parent who cannot cooperate with the other.
One way to minimize conflict is to keep communications between you and the other party to a minimum. Focus those communications on things necessary to raising your child. Allow your attorneys to resolve financial and legal issues.
Contact The Law Offices of Gildin & Chapman
High-conflict divorce cases involving children with autism present unique challenges. Our family law attorneys serving New York have experience assisting families with children with special needs through legal separations and divorces. We can help you identify and address custodial, financial, and legal issues head-on. We can work to help you resolve them as efficiently and amicably as possible.
Contact us today to learn more about how The Law Offices of Gildin & Chapman can serve you. Fill out our online request form or call now for a consultation with a lawyer near you.
