Divorce presents unique challenges for every family, and children, regardless of age or developmental stage, can struggle significantly with the dissolution of a marriage. When a child has special needs, however, the complexities of custody, visitation, and support negotiations can intensify considerably. The following blog offers guidance for navigating a divorce involving a special needs child. Additionally, it underscores the importance of collaborating with our dedicated Edison Family Lawyers to protect your child’s best interests.
Are the Procedures for a Divorce with a Special Needs Child Different?
Divorce proceedings are inherently complex. However, when children are involved, this process becomes even more challenging, as their best interests must be paramount. Consequently, navigating a divorce when a child has special needs can be exceptionally difficult, given their typically specialized requirements.
Unlike standard divorce cases where child custody is a primary consideration, additional measures are necessary to meticulously document daily routines and compile comprehensive information regarding medical care, therapy, and special programs in which the child participates, such as those listed by the Department of Children and Families. This is crucial because standard child support calculations often fail to account for these specific factors.
What Should I Consider?
Generally, standard custody and visitation arrangements are not suitable for a child with special needs. As such, parents have to consider the child’s routines, therapies, and medical appointments when formulating a parenting schedule. If parents cannot reach a mutual agreement on custody, the court will intervene to determine a plan that serves the best interest of the child. This usually results in a shared custody arrangement, as the court believes children benefit from maintaining a relationship with both of their parents.
Unfortunately, joint physical custody may not always be in a child’s best interest, particularly if frequent transitions between residences become overwhelming. Furthermore, if one parent is unable to provide adequate care and support, the court may prioritize the child’s well-being over this custody model, placing the child in the most suitable environment.
For children with special needs, child support obligations can be significantly higher due to the intensive care required. Child support calculations must go beyond standard guidelines to account for the child’s ongoing needs. Depending on the unique circumstances, the court might even mandate lifelong child support from the non-custodial parent. This ensures that the custodial parent continues to receive necessary financial assistance to provide care for the child, even into adulthood, potentially extending child support beyond the age of 21.
As you can see, navigating a divorce with a special needs child presents distinct challenges. At Arndt & Sutak, LLC, we are prepared to help you craft a parenting plan that prioritizes your child’s unique needs and safeguards their future well-being. Connect with our firm today for guidance and skilled representation.
