North Carolina Family Lawyers Perspective - Raleigh, North Carolina (North Carolina Family Law News) — Roughly one in every 150 children is affected by autism, according to a 2007 federal survey. Given that statistic, and an increased incidence of divorce among families with special-needs children, specialists in the field of autism are forming protocols aimed at assisting autism-affected families through the difficulties of separation and divorce.

While changes in daily routine and the home environments can be tough on all kids whose parents are separating or separated, children with autism typically have heightened sensitivity to such changes, said Dr. Cynthia Sortisio, a child psychologist based in Durham, North Carolina who has worked with autistic children and teen-agers for more than fifteen years. “Even small changes in the environment that would be unnoticed by other children, or deemed insignificant, such as changes in the lighting or smells in a home can prove bothersome to a child with autism,” she said.

If you have kids with autism and are contemplating separation, you may wish to discuss your child’s special needs with your attorney before starting the separation process. If you are already separated and attempting to resolve custody issues, you and your attorney may wish to seek the advice of an autism professional so that he or she can guide you toward minimizing the impact of divorce and separation on your child.

Here are some of the measures that may be considered when building a custody and visitation plan for kids with autism:

• Parents should consult with the professionals working with their child for advice and strategies specific to their child in separation scenarios, since each child with autism is unique.

• Parents may wish to attend meetings with their child’s treatment specialists together, but if not, the non-attending parent can seek access to the child’s medical, school and therapy records.

• You should obtain and provide to your attorney a copy of your child’s Individualized Education Program and the most recent update. Providing this information to your attorney will help her understand your child’s educational needs and developmental goals, and help both of you form a custody proposal tailored to meet those needs.

• Consider a custody evaluation by a psychologist or other specialist knowledgeable in the field of autism. Such an evaluation may be costly but it could ultimately save parents – and their kids – the emotional trauma, fatigue and greater expense of a court battle or ongoing custody disputes. If parents are already litigating custody (their case is in court), they should be aware that the custody evaluator may be called to testify and his or her recommendations may be provided to the judge. The judge may use those recommendations as a basis for determining custody or setting access schedules.

• Autism specialists generally agree that consistency is the key to easing transitions between homes, Dr. Sortisio said. If parents are already separated, both parents should carry out, in both homes, the strategies that are recommended by the child’s treatment team, she said. For example, if the child’s treatment team has recommended that the child be given picture schedules, both parents should offer the same picture schedules in both homes.

• Most children like to keep a photo of mom at dad’s house, and vice-verse. Dr. Sortisio suggests that a child with autism also may want to have other objects to hold or even smell, such as a scarf scented with mom’s perfume or dad’s aftershave.

• Dr. Sortisio suggests that parents who already are separated pay special attention to the time periods before and after transitions between homes. To make the transition smoother, the child may need to have a very predictable sequence of low-key and relaxing events.

• For some children with autism, a webcam, rather than just a telephone, may be helpful in maintaining contact with the other parent. However, Dr. Sortisio noted, some children with autism may be confused by a webcam, so for those children, sticking to a telephone may be best.

All children are unique in their needs and desires, but the needs and desires of children with autism are more heightened and/or focused, depending on their functional and cognitive abilities. Working with your attorney and an autism professional will help ensure that special attention is paid to your child’s particular needs.

Carole Gailor:: North Carolina Family Lawyer

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