Considerations regarding child and parent neurodiversity in family court

Family court professionals must continually be developing a greater appreciation of diversity in its many forms. As with cultural diversity and non-traditional famines, neurodiversity in children and parents is another social justice issue in which overt or implicit bias may impact child custody decision-making, such as when a divorcing parent has a significant psychiatric or neurocognitive condition. The neurodiversity perspective, while having its limitations, can help reduce bias in family court by recognizing that there is a broad range of brain functioning, while taking a strengths-based approach, as opposed to a pathology orientation. This article will define neurodiversity, address how the stigma of mental health conditions can lead to automatic negative presumptions about parental competency, as well examine how the voices of neurodiverse children can be better heard in family court processes. Lastly, principles for court personnel to consider with neurodiverse parents and children will be elucidated.