Parenting Plans for Special Needs Children: Applying a Risk‐Assessment Model

• Published date: 01 January 2015
• Date: 01 January 2015
• DOI: http://doi.org/10.1111/fcre.12134
• Author: Robert L. Kaufman,Daniel B. Pickar

PARENTING PLANS FOR SPECIAL NEEDS CHILDREN:

APPLYING A RISK-ASSESSMENT MODEL

Daniel B. Pickar and Robert L. Kaufman

Family courts are seeing an increasing number of separating or divorced families whohave a special needs child. These cases

present complex challenges for family lawprofessionals charged with crafting parenting plans based on best interests standards.

For many of these children, the typical developmentally based custodial arrangements may not be suitable, given the child’s

specific symptoms and treatment needs. We present a model for understanding how the general and specific needs of these

children, as well as the demands on parents, can be assessed and understood in the context of divorce.This includes an analysis

of risk and protective factors that inform timeshare and custodial recommendations and determinations. The risk assessment

model is then applied to three of the most commonly occurring childhood neurodevelopmental and psychiatric disorders likely

to be encountered in family court, namely, attention deficit/hyperactivity disorder, depressive disorders, and autistic spectrum

disorders.

Key Points for the Family Court Community

• There has been a dramatic rise in the population of children with neurodevelopmental, psychiatric, and medical

syndromes whose parents are disputing custody in the family courts.

• Family law professionals of all disciplines should develop a fundamental knowledge base about the most commonly

seen special needs children in family court, such as those with neurodevelopmental conditions like autistic spectrum

disorder, attention deficit/hyperactivitydisorder, and severe depressive disorders (especially with teenagers), which may

involve suicidal or self-harming behaviors.

• Commonly recommended parenting plans may be inappropriate for many special needs children, as some function

significantly below their chronological age and pose extreme behavioral challenges.

• A systematic analysis of risk and protective factors should inform timeshare arrangements and determinations with this

varied population, including the safety of the child and severity of the disorder, parental commitment and availability

to pursue medical, educational, and therapeutic services, the parental attunement and insightful about the problem, and

the differential parenting skills of each parent.

Keywords: Attention Deficit/Hyperactivity Disorder (ADHD);Autistic Spectrum Disorders;Child Custody;Childhood

Depression;Divorce and Disabled Children;Parenting Plans;and Special Needs Children.

INTRODUCTION

The last 10 to 15 years have seen a dramatic rise in the population of children who have been

diagnosed with various types of neurodevelopmental, psychiatric, and medical syndromes. The term

“special needs children” is an umbrella designation that encompasses a staggering array of children

who have specific learning disorders and cognitive impairment, chronic developmental disorders,

physical disabilities, serious medical conditions, and severe psychiatric and behavioral disorders.

Concurrent with the significant increase in children who have been diagnosed with these conditions,

family courts are now seeing a rapidly expanding number of divorce and separation cases involving

special needs children (Eme, 2009; Price, 2012).

Many such children require specialized parenting approaches. In these instances, ordinary parent-

ing skills may be insufficient, as such children can place extraordinary demands upon the adults who

care for them. Special needs children may also require an unusually high level of supervision and

time-consuming interface with medical, educational, and mental health personnel. Sometimes marital

separation or divorce may be a consequence of trying to raise these children. Forexample, the divorce

Correspondence: dpickar@sbcglobal.net; rk@rkaufmanphd.com

FAMILY COURT REVIEW,Vol. 53 No. 1, January 2015 113–133

© 2014 Association of Familyand Conciliation Cour ts

rate for parents of children with both autistic spectrum disorder and attention-deficit/hyperactivity

disorder (ADHD) is significantly higher than in the general population (Hartley et al., 2010; Wymbs

et al., 2008). Due to separation or divorce, there are often fewer financial resources for children. If

parents disagree on treatment or educational approaches for their special needs child while married,

separation, and/or divorce usually magnify these differences. Just as the tasks inherent in raising a

special needs child can place undue strain on parents, separation and/or divorce in turn stresses these

children, with the possibility of complicating and exacerbating the child’s already problematic

symptom picture.

In recent years, two prominent family law journals published special issues regarding how the best

interests of special needs children are addressed in family court, highlighting concern in the family

law community. The Family Court Review (Schepard & Johnston, 2005) dedicated a series of articles

to the topic of “Special Needs Children in Family Court.” Even more recently, Family Law Quarterly

(Elrod & Spector, 2012) published a special journal issue entitled, “Symposium on Special Needs and

Disability in Family Law.” These journal issues emphasize the fact that family law professionals of all

disciplines face complex challenges when assisting separated or divorcing families with special needs

children. This is especially so when professionals advise or render decisions about effective parenting

plans, as these children are at risk for very poor outcomes under circumstances that might be adequate

for other higher functioning children.

Therefore, there is a more acute need for family law professionals to have some specialized

knowledge and understanding of the features of many childhood disorders as wellas an understanding

of the particular parenting skills which might best fit the specific needs of the child. As noted by

Saposnek, Perryman, Berkow, and Ellsworth (2005): “The ubiquitous presence of these children in

family court cases suggests that court personnel and divorce professionals need to acquire special

knowledge in order to facilitate the development of parenting plans for these high risk families”

(p. 586). This sentiment was emphasized more recently by Price (2012), who stated: “In order to

properly deal with the reality of today’s divorce climate, all lawyers and judges handling family law

cases should educate themselves on special needs and the impact they have on family law cases.

Special needs children have greater needs than typical children, so they need lawyers and judges who

are educated on these issues” (p. 181).

For many special needs children, commonly recommended developmentally based parenting

plans may be inappropriate, as some of these children function significantly below their develop-

mental age and pose extreme behavioral challenges. In many instances, the need for consistent

routine and stability in residential placement and/or the primary need for safety and supervision

may outweigh a custodial schedule that provides significant time with both parents. Crafting a

parenting plan that supports the child’s cognitive, social and emotional development and simulta-

neously provides opportunity for enhancing parent-child relationships can be a challenge. Because

the moniker “special needs children” encompasses such a huge range of disorders and syndromes,

no family law or even mental health professional can be an expert on every type of special needs

child. It is important that family law professionals have access to information about the most

commonly occurring childhood conditions and the specialized parenting challenges involved in

raising such children.

The most frequently occurring childhood neurodevelopmental and psychiatric disorders likely to

be encountered by the family courts are: autistic spectrum disorders, ADHD,and especially in families

with teenagers, depressive disorders, which may involve suicidal or self-harming behaviors. This

article will outline and discuss the symptoms and defining characteristics of these most commonly

occurring conditions. Family law professionals are also likely to encounter less frequently seen types

of special needs children, such as those with cerebral palsy, Downs’ Syndrome, visual or hearing

impairment, or high risk medical conditions. Determining living arrangements that are grounded in a

child’s best interests requires analysis of multiple factors. In addition to the most common statutory

considerations (i.e., individual parenting skills; child-caretaker attachment relationships; parent psy-

chological stability; which parent will best facilitate the other parent-child relationship, domestic

violence), multiple health, safety, and educational issues must be weighed (Stahl, 2011).This ar ticle

114 FAMILY COURT REVIEW