Autism is a pervasive developmental disorder of the brain. The exact cause is unknown, and there is no known universal cure. The reported incidence of autism has risen significantly in the past generation. According to the CDC, recent studies reflect that autism may affect approximately one of every 36 children in the United States.
Infants, toddlers, and very young children who are diagnosed with autism are often said to suffer from “infantile autism”. While no two children with autism present exactly alike, the academic and social deficits of children with ASD sometimes develop by manifesting certain traits. For example, some children with ASD often have little, delayed, or no speech. Some children who do speak might often parrot what they hear others say (echolalia), and/or speak in a monotone with a blunted affect. Some children with autism have great difficulty making eye contact, and may engage in seemingly rigid and obsessive-compulsive behaviors, such as (for example), persistently lining up objects in a row, or spinning the wheels on toy cars for hours. Other children may engage in different but repetitive self-stimulatory behaviors, such as spinning in circles, flapping their arms, and/or rocking their bodies back and forth repeatedly.
Some children with autism are often unable to read and understand other people’s facial expressions or recognize and respond to common social cues and gestures. Some children on the spectrum have little interest in people besides close family members and may prefer isolation to social interaction with same-age peers. Additionally, some children may engage in explosive temper tantrums and self-injurious behaviors, such as head-banging on walls and floors.
Some children with autism may not readily appreciate or understand the concept of danger. For example, a child might put their hand on a hot stove even if they previously burned their other hand on the same hot stove the previous day. Other children on the spectrum may possibly gravitate to water, and in such circumstances may be a heightened elopement risk if the child’s house is close to a lake, pond, or other aquatic location.
These are just some examples of the often-challenging behavioral aspects of autism. There can be many other manifestations of the disorder as well. There are countless treatises, books, and professional articles on the subject of autism, and the more that parents, attorneys, and judges know about ASD, the more detailed an analysis of the issues in a divorce between parents of a child with autism can be for the benefit of all involved, including most importantly the child.
When parents of a child with autism spectrum disorder (ASD) undergo divorce proceedings, there are various autism-related issues that may need to be addressed, either by settlement negotiations or in court. Hypothetically, if there are two couples with identical lives who are each getting divorced—with one couple having a child with autism and the other couple having a child without autism – the analysis and results of each case might radically differ on a number of issues.
Family courts presiding over divorces involving a child with autism can generally benefit from increased autism awareness — including an enhanced general understanding of autism itself, as well as a specific understanding of a child’s unique needs. Such an understanding is important because the court generally has an obligation to protect the best interests of the child. This obligation — known as parens patriae jurisdiction – means that the family court has an affirmative duty to protect children who cannot protect themselves. This is especially true in the context of protecting a developmentally disabled or challenged child, such as a child with autism.
In considering what is in the best interests of a child with autism, it is often helpful for a court to have a familiarity with the importance of early diagnosis, early intervention, and the very frequent need to prioritize a behavioral therapy program in the child’s life. These may be very important points in the divorce process.
