Divorce with a special needs child can be more complicated than a typical divorce settlement because your child might need a specialized plan when it comes to things like custody agreements, support payments, or splitting up assets. It’s important to know that legal custody and physical custody are very different things, and that your child’s plan of care might impact these things greatly.
You might also work out child support payments that last longer than the typical eighteen years depending on your child’s needs. It’s important to find extra support during this time in order to help your child with the transitions that they will be facing and with helping you navigate a very stressful time. Enlisting the help of an experienced divorce attorney will make the process much smoother and will increase your chances of getting the outcome that you want from the divorce settlement. Hopefully, you, your spouse, and child can also adapt to the changes coming and begin working on a smooth co-parenting transition.
Divorce with a Special Needs Child: Things to Consider
Legal Custody
When going through a divorce with a special needs child, or with any child, it’s important to know the difference between legal and physical custody. A parent with legal custody will be able to make all decisions for the child when it comes to things like medical needs, education, or legal questions. A parent with physical custody is the one with whom the child lives. Parents can share legal and physical custody, or can only share one or the other. It’s possible for a parent to share legal custody when it comes to decision-making, but the child lives full time with the other parent.
Physical Custody
When figuring out physical custody during a divorce with a special needs child, things can be more intricate than typical divorce proceedings. This is because your child might require specialized medical equipment in the home or car, specialized education, or need to be within a certain location to be near to medical appointments. Parents will have to consider what is in the best interest of the child, just as the judge will. Some of these decisions might depend on the parent’s budget for medical equipment, or the child’s specific care plan.
Support Payments
Support payments can also look a little different in a divorce with a special needs child. Typical child support payments end when the child turns eighteen and legally becomes an adult. However, a child with special needs might need to continue living at home or might continue to need financial assistance well into adulthood. Because of this, child support might last much longer than the typical eighteen years, depending on their needs.
Finding Support
When going through divorce of any kind, the process is incredibly stressful and very difficult on both parents and children. It’s important to make sure that you have support in place to help you through this transitional time. Enlist the help of a qualified mental health counselor for yourself, and look into supplementing your child’s care plan with additional resources to help them with this transition. It’s also absolutely imperative that you hire an experienced and knowledgeable divorce attorney to help you navigate the divorce process to ensure that you get the settlement you and your child deserve.
Divorce is difficult on everybody, but going through divorce with a special needs child can bring up even more intricacies and complications to an already confusing process. It’s important to enlist help from an experienced attorney as soon as you believe that the divorce is actually happening. When looking for an attorney, make sure to ask about their experience when it comes to legal cases similar to yours.
You might be facing more intricacies when it comes to legal and physical custody since your child has specialized needs. This might impact which parent’s house they live at, how often they can visit the other parent, or what kind of equipment will need to go with them through custody transitions. Child support payments might also last longer than the typical eighteen years if your child will have ongoing financial needs as an adult. It’s important to find emotional support for yourself and your child as you go through this tricky time. Enlist the help of a mental health professional, and consider adding some extra support to the list of care providers for your child as well. Hopefully, your whole family can move smoothly through this process and end up with the divorce settlement that will most benefit your child.