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My son's custody schedule is horrible! 6 days with me, 2 days gone, 2 days back, 4 days gone. The ex denies my son has ASD and blocks me every step of the way as I try to advocate for him. I need a lawyer who understand autism and the need for routine and consistency.
I have been in juvenile court for many of my kids. It is the short-cut for the districts to get out of funding the services and supports a kid with a disability needs. In one case it was a student 11 yrs old with downs syndrome. What I have learned is that judges and/or magistrates have very little information about the student to draw on prior to making their decisions. Accept for the allegations the opposing party is making. Remember, whether it is a custody issue or juvenile court or the school district, the burden of proof is on you. Make sure the judge/magistrate has everything on your child. Many times the judge/magistrate doesn't even know about the disability, nevermind the effects of the disability. Never assume anything accept that people don't know, then you will be ready for anything and are prepared to answer any questions they may have.
@A MyAutismTeam Member Thank you so much for the information! I have a custody hearing next month.
Oh just to let you know, none of the CHINS filed by the districts to get the juvenile court involved, were ever filed against my clients. I was ready and proved to the judge/magistrate that they did not have all of the information and that the district violated and denied FAPE to the student and therefore I had filed with the Dept of Education for due process hearing. That stopped everything dead in its tracks. And the school district ended up funding two out of district private placements. So, being prepared has its rewards. (smile)
I appreciate the info as well. Thank you!
I don't know what state your in but what you probably need is a Special Ed. Law Attorney. This is a specialized field in law. Here in Massachusetts we have many lawyers in this field, sometimes I don't think its a good thing. But, maybe you could contact one of our biggest advocates, a law firm specializing in this field "Kotin, Crabtree, & Stong. there website http://www.kcslegal.com. they might be able to refer you. Atty. Crabtree was one of the leaders writing out state sped laws and regs. It was sooo good that most of the states on the eastern seaboard from Maine to Vir. used them. They mab be able to help you or guide you to someone in your state. They understand ASD.
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