Although some minor differences in child custody laws exist from state to state, the general provisions of these statutes largely are the same no matter where you reside, according to "Child Custody A to Z" by Guy J. White. This includes those legal provisions dealing with parents suffering from a disorder such as autism and their ability to establish or maintain child custody.
Standard
The standard applied to child custody issues in all states centers on determining what's in the best interests of the minor child who is the subject of the proceedings, according to Cornell University Law School. One of the elements utilized in deciding what's in the best interests of a child in a custody case is the overall health of the parents.
Types of Autism
Autism is a disorder that affects neural development, according to MayoClinic.com. A person with the disorder potentially suffers from impaired communication and social interaction, restrictions on behavior and repetitive conduct. MayoClinic.com stresses that the impairments associated with autism can vary from severe to mild, allowing some adults to lead normal or near normal lives.
Considerations
No blanket rule exists in any state limiting the right of an autistic parent to seek and obtain custody of her child. Rather, as is the case in all other custody determinations, the court must analyze the specific circumstances of the parent with autism, according to "Child Custody A to Z." If the disorder minimally affects a parent's ability to function and care for a child, the fact that she maintains this diagnosis doesn't affect her ability to have child custody.
Misconceptions
It's a recurring misconception that parents diagnosed with a disorder such as autism rarely get custody of their children. In fact, a preference exists in the laws of all states to permit children to stay with their parents. This includes situations involving parents with some type of physical or mental limitation that doesn't threaten the welfare of the children, according to the American Bar Association.
Expert Assistance
Dealing with the legal issues surrounding child custody and parents with autism requires an understanding of relevant family law statutes. Consequently, facing this type of issue, a parent is wise to retain a lawyer. The American Bar Association maintains resources designed to aid a parent in finding an experienced lawyer.
References
- Cornell University Law School: Child Custody Overview
- MayoClinic.com: Autism
- "Child Custody A to Z"; Guy J. White; 2005
