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When A Special Needs Child Is Involved With Divorce

Any divorce involving a child under the age of 18 can be stressful, but parents with a special needs child may find things even more difficult. Read on to find out how to get the help you need to protect your special needs child from the ravages of divorce.

Let Your Lawyer Know Right Away

Things can be different from the start so be sure to let your family law attorney know about the special needs of your child. Every aspect of a divorce, from the financial arrangements to custody issues may be affected by the presence of a special needs child. Those who parent such children know all too well about the struggle and the joys involved in raising a special needs child. It's important that your divorce lawyer understands how different and sensitive divorce can be in these circumstances. If you don't feel confident in your lawyer, consider seeking help from a new lawyer.

Custody and a Special Needs Child

The parent who has thus far been the primary caretaker of a special needs child may be favored as the custodial parent if the parents don't agree on custody. Here is what you should be prepared to discuss with your attorney regarding obtaining custody of your child:

  1. What your child needs and has come to expect from your care.
  2. Who has been the primary caretaker of the child up to now? It's important for a child with special needs to remain with the main caretaker throughout and after the divorce to avoid setbacks.
  3. What you and your spouse agree on and what you differ on when it comes to parenting your special needs child.
  4. Your child's current care plan, including therapy, medical issues, educational opportunities and plans, and more.

What to Expect From Your Attorney

Not only should a divorce attorney assist you in your divorce and be understanding, but they should also be assertive in ensuring that your divorce goes smoothly and successfully. To that end, expect them to:

  • Understand the needs of your child insofar as maintaining a stable, safe environment for them now and in the future.
  • Take whatever measures necessary to avoid the divorce negatively affecting your child.
  • Be available when you have questions or need emergency help with a custody or visitation matter.

Special needs children are arrayed upon a wide spectrum of abilities and needs, and the best parents are closely attuned to their child. Don't trust your divorce process to anyone but a lawyer who understands the potential impact of a divorce on your child's welfare.

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