FAMILY LAW SERVICES

DIVORCE

We are experienced in marriage dissolution (divorce cases), including matters involving children, property, debts and spousal support.  We protect your rights and interests.

The unique circumstances of parents with special need's children can have a substantial impact upon child support, child custody and visitation issues (depending upon the severity of the disability and other pertitent facts).

CHILDREN 

Divorce often results in court orders regarding child support, child custody, parenting time and the termination of rights.  Let us protect the rights of you and your children.

WHAT WE DO

When you visit us for a free consultation, we listen to what you want and we explain to you how the law addresses those concerns. We stay in contact with you throughout the case. When decisions need to be made, we provide you with the information to make critical decisions. Most importantly, we represent your interests.  We are your advocate.

Call For A Free Consultation

Law Offices -Jeffrey A. Gottlieb

Attorney at Law

(562) 699-2412

DIVORCE AND THE AUTISTIC CHILD ISSUES TO BE CONSIDERED

Divorce is difficult; particularly when considering the unique requirements of children with autism. 

Key issues, in regard to a special needs child, to be considered in a divorce proceeding, include the following:

• Physical Custody of the child (in whose home does the child primarily reside)
• Legal Custody (who makes the major decisions on behalf of the child)
• Child Support
• Private educational/therapy expense for the child
• Health care/insurance expenses

In order to prevail on the above issues, it is important to educate the judge as to the unique requirements of an autistic child.  The following are key fundamental information and factors to convey to the judge:

1. Autism is a disability that often impacts a child’s ability to learn, communicate and socially interact
2. With the right therapy and support and early intervention autistic children have made significant improvement; many of whom can become tax paying members of the community
3. Applied Behavioral Analysis (ABA) is currently one of the most effective interventions on behalf of autistic children; in addition to other therapies such as speech/language, physical therapy, occupational therapy, 1:1 aide support, etc.
4. A child often requires therapeutic services beyond those provided by a school district or a regional center and those services can be costly
5. Some school districts provide more or better services than another school district, which may impact where the custodial parent resides
6. The importance of family members reinforcing therapy in the home environment
7. Monitoring and responding to regression
8. Some circumstances require the custodial parent to give up a career or other employment opportunities in order to care for his/her autistic child

A pivotal starting point in a divorce matter is typically the issue of custody.  Physical custody determines where the child primarily resides.

The following are example key points in determining who should have primary custody; that is, which parent is in the best position to oversee an autistic child on a daily basis:

1. Which parent took steps pro-actively to obtain a diagnosis
2. Has any parent been in a state of denial as to the diagnosis of autism
3. Any delays in obtaining services (caused by whom)
4. Which parent has been reinforcing behavioral interventions
5. History of parent(s) involvement in IEP/IPP meetings
6. History of parent(s) involvement in meeting with therapists
7. History of parent(s) being an advocate on behalf of the child
8. Issues of child being able to handle change (i.e., impacting visitation scheduling and location)

Separately, legal custody is about who makes decisions in regard to the health, education and welfare of the child.  Example decisions, often involve medical care and choice of school setting. In the case of an autistic child it is very important that parents “speak” and advocate in one voice in regard to the important maters of therapies, services and placement. Fighting and posturing and denial among the parents will harm the child’s continued success.  If the parents in a divorce proceeding, involving an autistic child, cannot come to agreement as to these issues, then the court should be requested to determine which parent should have decision making in regard to the child.

Child support is an important matter for the court to decide. To explain it in the simplest manner, California family law courts use standard formulas (referred to as guidelines) for determining the amount of child support. The most important factors are each party’s respective income and the amount of time each parent spends with the child.  However, as to child support and in the best interest of the child, the court can be requested to consider the unique un-reimbursed requirements of caring for an autistic child; for example, the additional expenses of supplemental therapy, social programs among the multitude of services that can facilitate an autistic child’s progression.

A special need's child is not just another child when it comes to child support and custody.

For further information, call us at 562-699-2412; we have offices throughout most of Southern California.