Important Information for Divorcing Parents Who Have a Child with Autism

 Posted on March 28, 2022 in Divorce

Autism Spectrum Disorder symptoms can vary dramatically. Many children with autism struggle with social interactions, sensory overload, and changes in schedules and routines. Some are able to communicate these struggles to parents, teachers, and caretakers. Others are completely non-verbal. Whatever symptoms your child deals with, divorce is sure to have a major impact on your child.

As a parent of a child with autism or Asperger’s, it is important to know your options during divorce.

Parenting Plans for Children With Autism

Kane County parents who divorce will be asked to write up a parenting plan that describes how they will fulfill parenting duties. A detailed, well-written parenting plan can help you and the other parent ensure you are on the same page about parenting matters. A strong parenting plan can also promote consistency – something extremely important for children with autism. Your parenting plan will include information about:

The parenting time schedule – Your parenting plan will describe when each parent has physical custody of the child.

The allocation of parental responsibilities – Your parenting plan will describe each parent’s right to make decisions about the child’s education, extracurricular activities, medical care, and other important issues.

Parents may be able to reach an agreement about the terms of the parenting plan during mediation or through their attorneys. If the parents cannot agree, the court will step in and make a decision based on what is in the child’s best interests.

You May Be Able to Reduce the Stress on Your Child

Children with autism may struggle to adjust to divorce much more than neurotypical children. There is no way to completely shield your child from the challenges presented by divorce, but you may be able to mitigate these challenges. Experts suggest the following tips for parents of children with autism going through a divorce:

• Avoid yelling or arguing with your spouse in front of your child

• Accept and validate your child’s feelings

• Keep your child’s routine as consistent as possible  

• Maintain the same household rules, procedures, and schedules

• Reassure your child that you and the other parent still love him or her

Child Support May Be Extended When a Child Has a Disability

If your child has autism and requires specialized education or additional care, you should know that you may be entitled to child support even after your child has reached adulthood. Children with disabilities may be entitled to non-minor support beyond age 18.

You may also be able to get child support before your divorce is finalized. A temporary relief order can help a parent cover child-related costs while the divorce process is ongoing.

Contact a St. Charles Divorce Lawyer

If you are getting divorced and you have a child with autism, contact the Kane County divorce attorneys at Goostree Law Group for help. Our team can help you evaluate all your options and choose the course of action that is best for you and your child. Call 630-584-4800 for a free consultation.

Sources:

https://www.mayoclinic.org/diseases-conditions/autism-spectrum-disorder/symptoms-causes/syc-20352928

https://www.carautismroadmap.org/divorce-custody-and-asd/