Greetings! We hope that you have all enjoyed a wonderful Labor Day weekend. In our last post, we talked about one of our most commons questions – “Can I get a divorce?”. Another one of the most common questions we get is – “I’m the grandparent of _______… can I get custody or visitation?” […]
The presently existing divides and the course of future law and policy surrounding autism will necessarily be impacted by the cure and neurodiversity viewpoints. At the core of the divide between these two viewpoints is how each side defines disability, a term which has, historically, carried with it derogatory connotations.
Generally, in making a determination about custody, a court attempts to maintain stability in the life of the child. With the broad judicial discretion granted in making a determination of what is in the best interests of the child, time and increased numbers of cases determining the custody of autistic children will determine which of the competing views of autism will ultimately come to dominate how future courts define the best interests of an autistic child.
Having an autistic child places great strain on many areas of family life, and parents of autistic children are more likely to become divorced. It will be increasingly necessary, as the numbers of autistic children in our nation rise, for family courts to consider issues involving autistic children.