autistic son

[faithnlve]

What is the name of your state? VT. Merry Christmas one and all...and many blessings to all of you guardian angels of the freeAdvice.com world. My question is a bit unusual. I am as you all know the ncp and have an autistic son of 14. My son cannot speak, does not do well in public, sensitive to music of any kind and screams or runs, and even with all the education the school cannot keep him in a classroom with others. YET, my son is gifted in art. Mainly folk art style. Many many people have taken notice of his gift. Some of his work has been published in school newspaper, and the city newspaper. His father and I do not communicate well, and do not get along as much as I try. Anyways, I had a brainstorm to not only start a business on my own, but it would like it also to be a future for my son down the road. I want to start publishing his artwork, and do a series of children's books. Some of my proceeds would be to benefit other artistic children whom are disabled to publish their works as well. I would get other parents involved in my business so that it would become a community center of memories and published works. I do have some support and enthusiasm from others to do this, including the schools, but I am afraid my ex whom has custody will deny me this. I know this sounds incredibly stupid to ask, but I really want to do this and afraid he can stop me. Thanks Faith

 

[Bloopy]

I think it’s a great idea and you need to present it to Dad in the same manner you have here.

Be prepared to answer the monetary questions involved. If you collect a dime form this endeavor, Dad may expect a change in CS. If the money goes into a trust for your son, then Dad has no legitimate argument. With that arrangement, expect to be making start-up contributions that may never get reimbursed.

 

[faithnlve]

Here is my problem. His dad would tell me I cannot do this since he has custody. If anyone would publish his works it would be him. I know my ex too well. I want to write a series of children's books on my own using my son's talent as the illustrator. All I want to know is can the cp deny me using my son's talents to do this? Thanks Faith

 

[Bloopy]

Yes he has every legal right to stop you.There isn’t much of a way around this. You could take it to court, but I can see a judge wanting to be hands off.

You could write the books anyway. For your and your son’s enjoyment now, publish when he is a legal adult.

I still think the best option is to present it to Dad and offer to put the proceeds (or half the proceeds) into a trust for your son.

Best of luck

 

[justalayman]

you state he has physical custody but how is legal custody controlled?

If he has full legal custody, he may vrey well be able to refuse your requests as well as seeking a remedy should you undertake any action unilaterally. As legal custodian, he has control of the legal decisions of a parent with you simply stuck out in left field watching.

I would bet an aggressive intelligent attorney (with proper plans to show the benefits to the child and/or charitable organizations) which if presented to a court would make dad look pretty bad should he refuse such a request. When a parent refuses something that is beneficial to their child and cannot support a refusal under any grounds other than financial, they are going to look like a greedy ass. Color him embarrassed red.

 

[TinkerBelleLuvr]

If presented in the 'best interest' light for the son, the father may be amenable to the idea. If the son can 'earn' money and skills in this process, the father might go for it. Since the X has sole custody, yes, he can stop you. I can see his earning going into a trust fund for the son.

 

[faithnlve]

I decided to put a quick call to an attorney friend of mine. You are all correct. The cp has full reign on allowing me to put forth my idea. His dad will probably be his legal guardian since he has been the cp to him so this also would make it impossible to do. I also thought about putting all proceeds into a trust for him, but then again, I was told it is still a tricky issue to do this since it would be dad saying yes you can publish his works or not. I think for now I am going to just supply all the art supplies and have him do his art work here at my house. At least when he is with me (he loves painting and drawing), I can establish our own gallery of his work here at home. Even give him his own room to do this, and I will still write the children's books. After all this is done, I will present it to dad. If dad says NO, at least dad cannot take away the art my son made here. I feel like the rug just got yanked from underneath me. Still keeping the.....Faith

 

[justalayman]

Since your son is 14 and depending on what happens and his condition when he reaches 18, you may be able to simply save things until then. You could still do good things with the proceeds and writing now and having him illustrate now could still be cathartic, for both of you.

Best of luck to you.