When AS-NT marriages end in divorce, custody battles present a serious and poorly understood risk.
**The AS parent is not intentionally neglectful** — they lack the intuitive parenting abilities of an NT parent. Combined with problems predicting outcomes, this can put children at risk (e.g., leaving a sleeping child home alone). The AS parent may not see the impact of their behavior on the child.
**The custody trap:** The AS parent may fight for custody — genuinely believing they are the better parent, or using it to punish the NT spouse. The NT spouse knows the AS parent's communication problems, lack of empathy, and judgment issues. But the court sees a high-functioning, successful professional who appears very competent.
**Compensation is not sustainable:** People with AS can make enormous effort to appear competent when it matters. But they cannot sustain this effort all the time, and the core AS deficits remain. Unless a diagnosis is made and the court understands AS, the NT parent's legitimate concerns may be dismissed as attempts to discredit the other parent.
**The AS version of events** will likely be inaccurate due to theory of mind deficits, but the court may see it as equally credible.
**Reform efforts:** Canadian and UK courts are working to help judges become more knowledgeable about AS. There is a recognized need for US judges to do the same.
**Source:** Lovett, *Solutions for Adults with Asperger Syndrome*, Ch 9 (pp256-260)
See also: [[AS NT Recovery Gap]]