Special Considerations in Child Custody Evaluations for Children with High‐Functioning Autism Spectrum Disorder

• DOI: http://doi.org/10.1111/fcre.12206
• Author: Kara Anast,Sol R. Rappaport,Cecily Kanter
• Published date: 01 January 2016
• Date: 01 January 2016

SPECIAL FEATURE

SPECIAL CONSIDERATIONS IN CHILD CUSTODY EVALUATIONS

FOR CHILDREN WITH HIGH-FUNCTIONING AUTISM

SPECTRUM DISORDER

with Foreword by Sol R. Rappaport, Cecily Kanter, and Kara Anast

Asperger’s Disorder, which now is subsumed under Autism Spectrum Disorder (ASD) in the DSM-5, is increasingly being

identified in children and adolescents. As a result, professionals in family law courts will have more exposure to children with

ASD. However, there are limited guidelines and few published studies directing how family court professionals should take

into account the unique needs of these families. This article will provide the reader with an understanding of high-functioning

ASD, the impact it has on the family, and comorbid issues. This article provides specific suggestions for how evaluators should

assess families when a child has ASD and will provide guidance for attorneys and judges.

Keypoints for the Family Court Community:

The rate of autism has increased in recent decades leading to more children with autism being involved with family

court professionals.

Attorneys, judges, and mental health professionals working in family court need to understand high-functioning autism

and its impact on children, parents, and their families.

Families with children with high-functioning autism require custom-made parenting plans that address the unique

needs of the child.

In developing parenting plans, family court professionals need to consider comorbid disorders when dealing with chil-

dren and adolescents with autism.

Family court professionals should have additional training and expertise when working with families where a child has

high-functioning autism.

When families of children with autism are involved in family court, they present a broad range of unique factors which

impact educational issues, parenting plans, decision making, treatment, and the entire family system.

Keywords: Asperger’s Disorder; Assessment; Autism Spectrum Disorder; Child Custody Evaluation; Children of

Divorce; Divorce; and Family Court.

INTRODUCTION

Professionals involved in the legal system are increasingly coming into contact with families

where a child has an autism spectrum disorder (ASD). With the increase in incidence of autism,

(Centers for Disease Control and Prevention [CDC], 2015, August; Fombonne, 2003) lawyers,

judges, and mental health professionals involved in the legal system should have a good understand-

ing of this disorder and its impact on families. Children with ASD who are high functioning (previ-

ously diagnosed as Asperger’s disorder [AD]) present unique challenges for those in family court

(Birnbaum, Lach, Saposnek, & MacCulloch, 2012; Jennings, 2005). The level of functioning and

needs of children with ASD who do not have intellectual or language impairments are significantly

different from those on the lower end of the spectrum, or what historically has been referred to as

autism. Their needs are also different from neurotypical children. This knowledge can directly impact

recommendations and decisions made about families where a child/adolescent has high-functioning

ASD. Without this knowledge, evaluators may misinterpret a child’s or parent’s behavior leading to

Correspondence: srappaport@counselingconnections.net

FAMILY COURT REVIEW, Vol. 54 No. 1, January 2016 81–95

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C2016 Association of Family and Conciliation Courts