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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

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.

Making Marriages Work by Being a Perfect Husband

hubbyWhen you and your spouse are together, don’t surf the internet. Spend quality time with your spouse. Don’t check for your messages on your cell phone. Look at your spouse, concentrate on what he or she is talking about and ignore your e-mails and text messages.

Buy Flowers, Women Like Flowers!

When men go on dates, they think about buying flowers during the courting process. Sometime after, married men typically stop buying flowers. The attractiveness of fresh flowers can put an affirmative spin on a relationship. Go for it and every now and then buy flowers.

Look Good

Staying in shape is important for both your health and your marriage. When young people are dating, they’re very attentive to how they look. Once married, they let themselves go. This can be demotivating from a sexual perspective for your spouse. Looking good is always helpful in a relationship!

Dress Well

Don’t take your spouse for granted. Try to look good when you’re with him or her. Dressing attractively impacts on your spouse’s perception of you and the sexual attraction between you. Keep yourself up, dress well and live healthy. Your life will be longer and your love life may be better.

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Fathers’ Rights Lawyer

Fathers are half the population of the world. In New York State, they share equal rights on issues concerning custody, visitation and all other aspects of matrimonial and family law. However, many fathers feel they get treated like second class citizens when they go to court. The job of the Law Offices of Schlissel DeCorpo is to give fathers equal standing before the courts and protect their rights. We litigate all aspects of divorce, including child custodyvisitationchild 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 supportrelocation problemsparental alienation cases and issues involving parental alienation syndrome. We also negotiate separation agreements for our clients. Call us for a free consultation.

Governor Cuomo Slashes NY Judiciary Budget by $170 Million

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It is estimated that hundreds of non-judicial workers will lose their jobs related to an additional $70 million dollars in budget cuts from the judiciary budget in the state of New York. The $70 million in budget cuts is in addition to a previous $100 million that was cut from the $2.7 billion budget for the judiciary in the state of New York.

Judge Lipman, the Chief Judge in New York State, has not specifically identified who will be laid off as of this date. There are concerns that court houses will be closed due to these budget cuts. Judge Lipman claims that this will not happen and that the court houses will remain open.

Court Administrators Fight Layoffs

Court administrators fought to avoid significant layoffs. They had hoped the courts reduced budget requirements could be met by instituting an early retirement program, eliminating new hirees, and other economic concessions, such as the elimination of Judicial Hearing Officers. The $170 million cut represents 6.3% of the judiciary budget. There are currently 15,200 non-judicial workers employed by the court system in the state of New York. Rocco Desantis is the president of the New York State Court Clerks Association. In a recent interview, he indicated that the court system was already strained from early retirement and previous budget cuts. He stated, “as a result of positions left unfulfilled from early retirement, there are already long lines at every office that deal with the public and back offices.” He stated, “I am concerned that this is going to make a bad situation worse.”

John Strand of the New York State Court Officers Association recently stated that the projected courthouse cuts will have a severe impact on the operation of court facilities. He doesn’t see how all the current court parts can be kept open with a reduced staff of court officers.

James F.X. Doyle is the President of the New York State County Court Judges Association. In a recent interview, he claimed that there will be inadequate security in the court houses due these layoffs.

Cuts In Court Personnel Unacceptable

The judiciary has traditionally been the poor man in the three branches of government in New York. Judges in New York state have not received a salary increase in more than thirteen years. They’re the poorest paid judges in the United States of America. When you consider that some of these judges live in the most expensive counties in the United States, it helps to explain the horrific conditions that exist in our legal system. The further layoffs of court personnel due to budget cuts will cause our legal system to grind more slowly. Justice delayed is justice denied! The budget cuts forced upon the judiciary by Governor Cuomo are unfair and will have a negative effect on the quality of the legal system in the state of New York!

Fathers’ Rights Lawyer

The legal system is supposed to be gender neutral. Many men involved with litigating matrimonial and family law matters have walked away from the legal system because their rights were not protected and they felt the system was biased against them.

We are fathers’ rights lawyers. We represent fathers in the negotiation of separation agreements. We deal with relocation problems when the custodial parent moves, creating a problem with the father’s visitation. We deal with parental alienation syndrome and the parental alienation by one parent of the other parent to the children. We litigate high net worth divorces and all aspects of equitable distribution in divorce cases. We help our clients obtain divorces under the new no-fault divorce law in the state of New York. We specifically assist fathers in litigating child abuse charges, paternity, spousal maintenance (alimony), child abuse, child neglect, child custody, child visitationorders of protection and all other issues litigated in divorces in the Supreme Court. If you’re a father and you’ve have concerns concerning your rights being protected, feel free to call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick, Bellmore

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