Divorce is a difficult process from start to finish and can leave a family in a state of turmoil. The stress alone often affects every member of the family, and the chaos that comes with divorce proceedings is even more pronounced for families with a child who has special needs.
Negotiating issues of child custody, visitation, support and division of property and assets becomes significantly more challenging when a child with special needs is involved in the divorce. This is why it’s important to recognize the additional challenges special needs families face and offer support and understanding during these difficult times.
Deciding who gets custody of your special needs child
The matter of deciding who gets custody of your special needs child is often contingent on who cared for the child while you were living together as a family. Perhaps both you and your spouse split the duties of caring for your special needs child whenever possible. Then again, you may have been more actively involved as a caregiver for your child than your spouse.
Your child’s care can be a lifetime commitment if they have a chronic illness. The custodial parent must take care of the child’s basic needs, along with handling frequent medical appointments. Physical therapy, occupational therapy and making decisions for your child’s well-being become a lifetime commitment. All of these things must be considered when you seek custody.
Determining child support
Determining child support in these cases can be complicated due to the additional costs associated with the care that your child requires. These expenses may encompass medical bills, rehabilitation fees, the purchase of durable medical equipment, and accommodations for schooling. The court takes all of these things into consideration when determining child support.
Where to start
Given how complicated a divorce can be when you have a special needs child, you shouldn’t try to handle this on your own. Start by seeking assistance from someone who understands what’s at stake and can help you navigate through the process.
