Articles » Autism and Family Court Issues: Points for Parents

Autism and Family Court Issues: Points for Parents

November 18, 2024

For divorcing parents, having a child with autism can bring many special considerations to the process. This is especially true in a contested divorce that is the subject of mediation or trial.

For example, children with autism can struggle with changes to routine and may require a consistent, intensive treatment schedule. The child’s parents may want an agreement to leave that treatment schedule in place, regardless of the state of their own partnership. These are things that divorcing and separating parents of a neurotypical child may not give much attention. Nevertheless, remaining thoughtful and proactive in the face of matters like these can produce significant benefits for a child with autism.

Autism and Family Court Issues:  Points for Parents

A presentation from Lawrence R. Jones and Cynthia Policastro Smith, explores many important points that separating or divorcing parents of children with autism should consider, including:

  • The role and potential benefits of parental cooperation
  • The mediator or judge’s level of knowledge about autism
  • Autism-specific parental disputes over diagnosis, treatment, alimony and spousal support, special needs trusts, and education

Addressing autism-related factors with the mediator or judge in a separation or divorce-related proceeding can potentially provide a more comprehensive framework to understand how autism can affect issues relating to physical and legal custody, parenting schedules, child support, health and life insurance, and many other common issues that arise in separations or divorce between parents of children with autism.

For more information on this topic and many others please call our 800.4.AUTISM Helpline. Family law is an area where the intersection of professional experience and autism experience is valuable. If families have had good experiences working with professionals in this area, we’re always looking to grow our referral database. Please email us at information@autismnj.org.

The presenter, Lawrence R. Jones, is a former Judge of the New Jersey Superior Court who retired from public service in 2017. He has been an educator and a leading voice on issues concerning family court and children with autism for many years. He is also the father of two children with autism. He presently teaches at the University of New Mexico and has annually presented programs in New Jersey and nationally on this topic. He practices online mediation and has historically worked with separated and/or divorced parents to deescalate conflict and helps them put their children’s needs first. He is also the author of our articles:

The co-presenter, Cynthia Policastro-Smith, has a master’s degree in behavior analysis and is a board certified behavior analyst. Over the last 30 years of serving the autism community, Cynthia has provided direct, in-home ABA; run and coordinated after-school programs for children on the autism spectrum; taught self-contained autism classes; worked as an autism facilitator for Toms River Regional Schools; presented at professional workshops and trainings; supervised home programs; and provided family training.

The information included in this article is for general education purposes only. For legal advice, please contact an attorney.