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Autism and the Child – Part III

assistance for parents of special needs childrenPrivate Schools and the Autistic Child

Child support in all fifty states in the United States is based on the Child Support Standard Act.  This statute lays out a schedule of child support payments and ancillary expenses the non-residential custodial parent must contribute to.  However, private school tuition is not one of the items included as a necessary payment obligation for non-custodial parents.  Courts have discretion to adjust the child support figures related to the special needs of a disabled child.  Divorce courts can utilize their discretion to order a parent to contribute to private schooling costs for an autistic child with special needs.  In situations where the public schools do not offer the specialized programs for an autistic child it may be in the child’s best interest to attend a school that can deliver specialized educational services related to autism.  The tuition costs for these types of schools should be taken into consideration by courts in making custody decisions concerning autistic children.

Emancipation and the Autistic Child

In the State of New York, a child is considered emancipated at the age of twenty one unless the child at an earlier age marries, enters into the armed services, or is working and self supporting.

An autistic child may never be emancipated.  Courts should consider whether a child’s disability should extend the time the child is unemancipated for child support purposes.  A child over the age of twenty one who is disabled and incapable of maintaining himself or herself because of illness or disorder should be considered to be unemancipated even if over the age of twenty one.

Conclusion

Autism is a tragedy affecting more and more American children.  Divorces caused by the tension and stress created by the necessary dealing with the unique problems of the autistic child are on the rise.  Courts, parents, and attorneys need to cooperate in creative decision making with regard to dealing with unique problems associated with raising an autistic child.

About the Author

family law and divorce on Long IslandElliot S. Schlissel, Esq., has been practicing Family and Divorce law in the metropolitan New York area for more than thirty years.  Elliot and his team of dedicated, hard working lawyers deal with all aspects of matrimonial and family law including issues involving divorce grounds, family lawchild custodychanging visitationchild abuse and child neglectdrafting separation agreementsprenuptial and post nuptial agreements.  We also have litigated cases involving mothers’ rights and fathers’ rights.

Autism and the Child – Part II

advocates for parents of special needs childrenSpecial Needs For The Autistic Child

Autistic children require expensive therapy and special education regimes that are not available in local school districts.  This results in additional expenses for families.  Judges hearing divorce cases involving autistic children need to pay special attention to the needs of the autistic child.

Residential Custody of the Autistic Child

The residential custodial parent of the autistic child will have a significant burden in dealing with all the idiosyncrasies of the autistic child.  When determining custody of an autistic child the judge should take into consideration all of the following issues:

1.  The acknowledgment and acceptance of the child’s disorder.

2.  Each parents ability to follow through on recommended behavioral interventions for the child.

3.  The parent’s capacity to understand the nature and circumstances of this disease.

4.  The willingness of the parent to place the child’s needs over his or her needs.

5.  Each parent’s ability to handle the psychological stress involved in raising an autistic child.

Joint Custody of the Autistic Child

Sometimes with healthy children, joint custody is the best route to deal with parent’s access to their children.  However, autistic children require special consideration when it comes to joint custody.  Joint custody will not necessarily be in the best interest of the autistic child. Autistic children require predictable and consistent schedules.  They do not function well when their schedules are interrupted.  Autistic children need regimented behavioral therapy.  This can be difficult to maintain when the child is going back and forth between two households.

It is extremely important both parents, the residential custodial parent and the non-residential custodial parent, be educated as to what autism involves and the types of long term therapies autistic children require.

Parenting Schedules and the Autistic Child

In cases involving autistic children parenting schedules should give special consideration to the child’s therapy regime.  Autistic children may be in year round extended school year programs related to special education.  When school regimes are interrupted for autistic children they can regress.divorce attorney on long island


Autism and Divorce – Part I

marriage and divorce attorneyDivorce is a common occurrence in today’s world.  In some states almost half of the marriages end in divorce.  When a married couple has an Autistic child it further complicates the home situation.  The inability of one or both parents to deal with the stress and problems in raising an autistic child can be a cause of divorce.  Parents of children with autism experience higher degrees of stress in their lives.

The Autistic Society of America, in a study, found the following cause for stress among autistic parents:

1.         Parents inability to determine the child’s needs.

2.         Reactions from society to the autistic child and the feelings of isolation.

3.         Concerns regarding future care for the autistic child.

4.         Finances and economic pressures caused by the cost of the therapies for the child.

5.         Feelings of grief.

6.         Lack of personal time.

7.         Stress from reactions by siblings and other family members

Divorce and Autism

There are special issues that affect parents of an autistic child during divorce proceedings. Issues involving child custodyvisitationchange in child custodychild supportfamily court issueschild abuse and child neglect proceedings, special education expenses for the child, and health insurance for the autistic child are issues that need to be dealt with.

Autism in America

There has been an astronomical increase in the past ten years in the number of children born in American who develop autism. Now approximately 1 out of every 90 child born in the United States develops autism.

Autism affects children in different ways.  Autistic children often have difficulty speaking.  Some autistic children only repeat what they hear others say.  Autistic children have difficulty making eye contact.  They can engage in obsessive-compulsive behaviors.  Examples of this type of behavior include lining up objects in a row and repeating a task over and over again for many hours.

Some autistic children do not understand danger. They can place their hand on a stove even if they were burned by doing this previously.  Autism is a serious disorder.  An autistic child’s ability to learn, communicate and socially interact is negatively affected.  Although autism is not curable, early diagnosis and intense behavioral treatment can allow the child to make significant improvements.maintenance and custody attorneys

Who Needs a Prenuptial Agreement?

family law and divorce attorney on Long IslandPrenuptial agreements are not for everyone. The only individuals eligible for prenuptial agreements are people getting married. Seriously though, who needs a prenuptial agreement and why would you really want one?

Prenuptial Agreements deal with issues such as assets accumulated during the marriage, professional licenses and spousal maintenance issues.

Starting On Equal Terms

Many couples who marry have similar financial circumstances. However, during the course of the marriage, one party may decide to stay home and raise the children which would have a negative impact on his or her career. This provides a ground in a divorce for requests for alimony (spousal maintenance).

Prenuptial Agreements Cost Less Than Engagement Rings

Engagement rings today cost anywhere between $5000 and $25,000. A prenuptial agreement will usually cost between $2500 and $7500. It is a lot cheaper than an engagement ring. It is said that diamonds last forever. Diamonds in the engagement ring may last forever but 50% of all marriages fail. This makes the cost of prenuptial agreements when considered over the long run a lot less expensive.

Don’t Wait For The Last Minute

If you anticipate entering into a prenuptial agreement with your future spouse, you shouldn’t wait to a few weeks before the marriage to retain an attorney to draft the document. Prenuptial agreements should be negotiated several months before the parties get married.

Prenuptial Agreement Lawyers

assistance in family court and with prenuptial agreementsThe attorneys at the Law Offices of Schlissel DeCorpo draft prenuptial agreements. It addition we draft post nuptial agreements and separation agreements. The firm also litigates all divorce issues. These issues may involve divorce grounds, family law, child custody, changing visitation, child abuse and child neglect, drafting separation agreements, prenuptial and post nuptial agreements. We also have litigated cases involving mothers’ rights and fathers’ rights. Call for a free consultation.

Lie To The Court and Your Divorce Gets Dismissed

Justice Charles J. Markey was recently presented with two cases involving divorces that had similar fact situations. In both cases judgments for divorce had been granted to the parties based on sworn statements that there were no children from the marriages. However in both situations the court eventually discovered that there were children of these marriages.

The court found intentional fraud or inexcusable recklessness due to the fact there were unemancipated children of the marriages who required child support to be paid on their behalf. Since there were misrepresentations in the original documents, there was no child support in the divorce judgments.

In both situations the court vacated the judgments of divorce. The court refused to amend the divorce judgment to include the children. Both divorce law suits were dismissed by the courts.

Stayed Foreclosure Allowed To Continue

The court took note that in both situations there were homes in foreclosure. He put in previously granted stays with regard to the foreclosure proceeding during the pendency of the divorces. The court vacated the stays of the foreclosure matters and allowed the two foreclosures proceedings to proceed. Conclusion, tell the truth in your divorce admissions!

New York and Long Island Divorce Lawyers

The attorneys of the Law Offices of Schlissel DeCorpo have extensive experience in handling matrimonial and family court cases. The lawyers have a total of 100 years combined experience. These attorneys have extensive experience with regard to divorce grounds, family law, child custody, changing visitation, child abuse and child neglect, drafting separation agreements, prenuptial and post nuptial agreements. We also have litigated cases involving mothers’ rights and fathers’ rights.

Elliot S. Schlissel has litigated numerous cases dealing with professionals whether they are doctors, lawyers or dentists whose practices were being equitably distributed. The firm pays special attention to individuals who have high net worth divorce situations. Feel free to call for a free consultation 1-800-344-6431, 516-561-6645 and 718-350-2802.

Mediating Your Divorce

mediation-150x150If you seek a non-confrontational approach to ending your marital relationship, mediation may be the route for you to take. Mediation is a type of Alternative Dispute Resolution (ADR), which can be a very cost-effective and efficient manner of amicably working out divorce related issues.

Mediation, Not Litigation

Mediated divorces are not litigated and there are no court appearances. A trained and neutral third party, usually an attorney familiar with matrimonal and family law, meets with the parties and reviews all issues with them in a non-confrontational manner. If the parties are mature, reasonable, and patient, mediation may be the best route to take with regard to handling a divorce case.

Divorces Where Mediation Won’t Work

Mediation, however, is not for everyone. Situations where the parties are not talking to each other or are not amicable do not present a good prospect for mediation. Cases involving very volatile relationships are also inappropriate cases for mediation. Further, domestic violence matters should not be mediated.

Mediation Requires Good Faith

For mediation to be successful both parties must be honest with each other. If either party hides assests or seeks to intimidate the other party, mediation is not going to work.

Divorce Can Be Difficult

Divorcing your partner can be a difficult process. Long term decisions need to be made on issues such as child custody, visitation (parenting time), spousal maintenance (alimony), equitable distribution of assets, dealing with business assets, valuing professional degrees, as well as the grounds for divorce. If you decide to use mediation, you should choose your mediator carefully. The Matrimonial and Family law attorneys at the Law Offices of Schlissel DeCorpo have more than 100 years combined experience dealing with all types of Matrimonial and Family Law issues. We are available to discuss mediation and other divorce related topics. Contact us for a free consultation.

Mother Unfit to Obtain Custody: Father Awarded Permanent Sole Custody of Daughters

Justice MacKenzi, sitting in the Supreme Court in Suffolk County, awarded a father permanent sole and legal custody of his two daughters. There had previously been a temporary custody order in this case.

There were allegations that the mother had engaged in parental alienation of the parties four children against the father. The evidence showed that the mother had consistently attempted to destroy the children’s relationship with their father. This included portraying the father has a “dead beat dad.” The mother also tried to convince the children that the father was an abusive individual.

Mother Lies At Trial

At the time of the trial, the father testified and the court found him to be a credible witness. The mother’s testimony was another story. The court found her testimony was full of lies, half truths and distortions of what had happened.

The father had temporary custody of the parties’ daughters for a period of two years prior to the trial. During this period of time, his relationship with his daughters flourished. The court, in its findings, held that the father did not interfere with the mother’s relationship with her children. The court also rendered a decision stating that the mother’s interference with the father’s relationship with his daughters was to such an extent that she would be unfit to be a custodial parent.

The court awarded the father permanent and sole and physical custody of his daughters. The mother was given expanded visitation rights.

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Nassau and Suffolk County Fathers’ Rights Lawyers

We represent fathers! We have been doing this for more than thirty years. We litigate all aspects of divorce, including child custody, visitation, child support, spousal maintenance (alimony) and equitable distribution of property. We also represent fathers with regard to proceedings in family court. We litigate issues involving paternity, downward modifications of child support, relocation problems, parental alienation cases and issues involving parental alienation syndrome. We also negotiate separation agreements for our clients. Feel free to call us for a free consultation.

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