Final residential schedule signed by him, he did not want anything to do with her ever, and stated this in the courtroom. This was established when she was 4 months old. He has never seen or met her. In 2014 at the age of 2 she was diagnosed with Autism Spectrum Disorder level 2. In 2014 she was deemed disabled by social security and the DDA, for her inability to communicate her basic needs, and a safety threat to herself (eloping and self harm). Before I knew she had autism I wanted him to have the opportunity to change his mind and be a part of his daughters life. Now I am afraid for her safety. He has not taken the classes I have nor the necc training to accompany the needs of a developmentally delayed child, who cannot speak. Is this something that will be considered or implemented?
First, if there is no Petition to Modify the Parenting Plan then the first plan you signed still controls. If you want/need that plan to change you need to file a Petition to modify the plan. The court will certainly consider the child's needs if you bring the issue to the court. If there are certain classes that the father needs to take for him to be aware of the child's needs or able to respond to them then I would expect the court to order him to complete those prior to beginning visitation. Additionally, after being absent for an extended period of time the court may require reunification counseling as well. Good Luck!
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.
I am assuming that you have a final parenting plan. That parenting plan cannot be changed unless there has been a significant change of circumstances. His changing his mind will not do it. Out of curiosity, is his newfound interest due to her receiving money for her disability?
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