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Is it necessary to have full custody of an autistic child to get them full time therapy?
Aug 12, 2023
Family Law
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

No, you do not need full custody to get your child full time therapy. Instead, the answer depends on who has decision making authority.

In Colorado, child custody is divided into two main components: parenting time and decision-making authority.

  1. Parenting Time: Parenting time, also known as physical custody, determines where the child lives and spends time. If a parent has more parenting time with the child, it doesn't necessarily mean that they have the sole right to decide on therapies or treatments.

  2. Decision-Making Authority: Decision-making authority refers to the ability to make significant decisions for the child, including education, healthcare, and other long-term considerations. This is where decisions about therapy and treatment for an autistic child would typically fall.

In Colorado, decision-making authority can be joint (shared by both parents) or sole (held by one parent). For a parent to secure full-time therapy for an autistic child, having sole decision-making authority or a joint agreement would be crucial.

Having full custody, which combines both sole decision-making authority and primary parenting time, might make it easier to implement a full-time therapy plan. However, it is not a necessity.

If both parents have joint decision-making authority and disagree on the therapy, they may need to go to court to have the judge decide. In these cases, the best interest of the child will be the guiding principle, and the court will consider factors such as the child's needs, each parent's willingness to support the child's relationship with the other parent, and the parents' ability to cooperate.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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