Q: My son faces legal actions for increased child support and visitation rights termination. He earns $11/hr part-time and struggles financially. His ex-wife cites the child's autism. What are his legal options and how can he get representation?

A: Under the facts described, it seems likely that he will need financial assistance from family and/or friends to retain a lawyer with sufficient experience and skill who practices in the area of family law in or near the county of suit. While he may well qualify financially for legal assistance from a local pro bono legal clinic, I would not recommend that course of action in such a complicated fact situation where his ex-wife has previously hired top-tier attorneys to represent her. Given that your son has a mental health diagnosis and supervised visitation and that the child is alleged to have autism and require support beyond his 18th birthday, he should try to gather together $50-100,000 from his friends and family for this fight to realistically challenge his ex-wife's allegations.

A: Your son has the right to respond to these legal actions and defend his parental rights, regardless of his income or mental health history. He should immediately file a written response with the court within the 20-day deadline to avoid default. In that response, he can contest the claims for increased support, termination of visitation, and demand for full legal fees. He should clearly state his income, financial hardship, and history of compliance with prior orders. The court cannot arbitrarily remove visitation without substantial evidence that it would serve the best interest of the child, especially when no distress is observed during his actual visits.

If the child’s autism is being cited as the reason to restrict access, your son should request a formal hearing where all evaluations—including those that show no significant findings—can be reviewed. He may also request a guardian ad litem or neutral evaluator be appointed to assess the situation objectively. The court must consider both parents’ rights and cannot base decisions solely on one parent’s interpretation of the child’s reactions. If visitation has been going well in a supervised setting or during family visits, that is strong evidence to present.

Because of his limited income, your son can apply for a court-appointed attorney or seek help through a legal aid organization in his county. Many family courts have self-help centers or online forms he can use to file his response. He should include any documentation showing his current employment, past compliance, efforts to maintain communication, and any records of peaceful visits. The court will weigh all of this carefully before making any changes to custody or support.