Divorce for parents who have children with special needs can be challenging because issues of child custody, visitation, support and property division can be more complex to negotiate. This article will discuss some important considerations for divorce when children with special needs are involved.
Special needs child custody.
- The custody arrangement may need to differ from those of a typical case because children with special needs often require more specialized care and attention.
- Special needs will likely impact the parenting plan and visitation schedule.
- The non-custodial parent may need to provide additional financial support to cover the costs of any therapy or medical treatments.
Legal custody for special needs children.
- Finding the right legal custody plan may be more challenging with a child with special needs because the special needs child may never grow into an ability to make decisions for themselves.
- For this reason, the legal ability to make decisions for the child’s welfare, such as medical, educational and religious choices may be much longer lasting for a child with special needs than for a typical child.
Challenges with special needs adults living at home.
- Divorcing couples may need to think through how potential challenges will be handled, such as a special needs child being aggressive or noncompliant with taking medications.
- If the special needs child is high functioning, divorcing parents may want to discuss future issues such as working, driving, access to money, etc.
- Another issue that needs to be considered is how to handle respite care if one parent is taking regular care of the special needs adult, and how to pay for that care.
Estate planning.
- Special needs children may outlive both parents and still need care, so life insurance for the parents and other financial planning for the support of the special needs child is an important consideration in divorce.
Contact an Experienced Divorce Attorney
At the Law Office of David Knecht, we have extensive experience with both family law and estate planning, so we can help ensure that all the issues are covered for a divorce involving special needs children. Contact us today at 707-451-4502.
