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My Child Was Diagnosed With Autism: How Will This Affect Child Custody in Orlando?

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According to ABA Therapy, 1 in 35 children in Florida has autism. This is slightly higher than the national average of 1 in 36. The rise of autism across the country has forced educators, parents, and healthcare providers to dramatically rethink planning for the future. A new autism diagnosis could be particularly challenging for divorced parents, and you might be scrambling to conduct research if you find yourself in this situation. Could an Orlando child custody lawyer help you plan your next steps?

Autism Diagnoses May Occur After Divorce, Leading to Custody Modifications 

Autism can lead to a modification of existing child custody orders. While the Centers for Disease Control and Prevention (CDC) states that autism may be detected as early as age one, most diagnoses occur when the child reaches the age of four. For spouses who divorce when their children are still infants, this could lead to a situation where both parents need to drastically rethink their plans for the future.

Depending on the nature of the autism in question, the parents may need to face much greater responsibilities in the future. A parent might have assumed that the child would become relatively self-sufficient by the age of 13, but this may no longer be the case for a child on the spectrum.

Some parents may be better equipped to deal with these changes than others. This is why an autism diagnosis could lead to a modification of the child custody order. In this situation, a parent might argue that the autism diagnosis represents a significant “change in circumstance.” If this threshold is met, a parent might argue that they are better suited to addressing the child’s unique needs. This may lead to the parent receiving more parenting time with the child.

A parent might also seek to reduce their parenting time if they feel that they can no longer serve the child’s best interests. For example, a parent who is overwhelmed by full-time work and caring for an autistic child may modify the agreement to reduce their parenting responsibilities. However, the parent would need to establish that this change is in the child’s best interests – and not their own best interests.

Autism Can Be a Disability

 Parents should also know that autism can be classified as a disability in the United States. This has implications for child support, as a parent may need to continue paying child support beyond the age of 18 if the child has a disability.

Can an Orlando Child-Time Sharing Lawyer Help After an Autism Diagnosis? 

An Orlando child time-sharing lawyer may be able to help you plan for the future after an autism diagnosis. An autism diagnosis could represent a change in circumstance, and this may lead to a modification of the existing custody order. Autism may change the way both parents approach childcare, and one parent might be better suited to meet the child’s new needs. To discuss this subject in more detail, consider a consultation with Steve Marsee, P.A. today.

Sources:

 connectncareaba.com/blog/state-with-highest-autism-rate

cdc.gov/mmwr/volumes/74/ss/ss7402a1.htm