Ask a Lawyer on SingleDad: Autistic Child, Custody Schedule

Get Expert Family Law Advice from our Ask a Lawyer Topic Section on SingleDad. Jeffrey Leving is the nation’s leading Fathers Rights Attorney and offers FREE Family Law advice for Men on SingleDad.com. This month, learn about an Autistic Child, Father’s Rights and Shared Custody Agreements.

Ask a Lawyer on SingleDad: Autistic Child, Custody Schedule

Get Expert Family Law Advice from our Ask a Lawyer Topic
Section on SingleDad. Jeffrey Leving is the nation’s leading Fathers Rights
Attorney and offers FREE Family Law advice for Men on SingleDad.com. This
month, learn about an Autistic Child, Father’s Rights and Shared Custody
Agreements.

Autistic Son /
Custody Schedule

Hello, I am a single father who has been raising my
wonderful autistic son since divorce over seven years ago. It has been a great
experience for my son and I, (and I feel blessed every moment with him). He is
happy, confident and knows he is loved. Things have been going very well for
the past seven years; with a comprehensive care plan and support team in place.
My son’s mother has had almost no contact during the seven years until recently
when new child support discussions started between her and I and now wants him
back.

I am open to shared visitation but want to maintain the status quo since he
doing so well under my primary care. I am seeking advice and assistance to
accomplish this. I have no words for the anxiety that this change may bring to
our lives.

Any advice or suggestions would be greatly appreciated.

Answer:

You are
in a difficult situation and should be commended for your efforts in raising a
confident and happy son. To protect the relationship you’ve
developed with your child, and maintain the stable and loving environment he is
accustomed to, I urge you to contact an experienced child custody attorney right
away.

Assuming
you already have a court ordered custody arrangement, the best resolution in
your situation would be for you and your ex-wife to agree in writing to a
shared visitation schedule such as you have suggested, and have the court enter
it as an order. This arrangement should be reviewed and approved by a
competent attorney before entering so your son safely remains living with you.
Once entered, the arrangement would be enforceable by the court’s contempt
power and may provide you the peace of mind you deserve, knowing that your son
will continue to reside in your home. But the order needs to be
drafted correctly. However, if your ex-wife doesn’t agree to the schedule
and files a petition for sole custody, you will need a tough family law
attorney on your side, fighting to protect your custody rights in court.

Generally,
a court will not disrupt an existing child custody arrangement and grant a
modification unless a substantial change in circumstance has occurred, such as
where one parent relocates, or becomes ill and is unable to care for a
child. Further, the fact that you have cared for your autistic son
for all these years and he is thriving in your home will be very important to
the court. However, because ensuring your child remains in your
home is crucial, you want to make sure to have a dedicated child custody lawyer
representing you and protecting your relationship with your
son. I wish you the best. For more information on child
custody, please visit me at www.dadsrights.com.

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