For parents of special needs children, divorce and separation can mean far more than a legal proceeding for child custody or child support. A child with special needs may require medication, therapy, and a consistent routine to live a full life. It is essential that custody and child support agreements take a child’s present and future needs into account.
Family law courts understand and have measures in place to help parents construct parenting plans that provide for all of a child’s medical, educational, behavioral, and financial needs.
About Stange Law Firm
At Stange Law Firm, we know that each family is unique, and sometimes families have particularly complex circumstances, including those with children with special needs. We are here to help you work through all the details to create a custody and support agreement that works for your family and considers your child’s therapies, medical needs, educational needs, and long-term stability.
We do this with empathy, attention to detail, and a legal strategy that protects your child’s best interests.
The Legal Considerations
Family courts start from the premise that custody and support are in a child’s best interests. When a child has special needs, this is obviously much more involved than a roof over their head or an education.
Judges consider each parent’s capacity to meet medical needs, coordinate therapy and other services, and make vital decisions under pressure. Stability, capacity to make medical decisions, and financial capability to meet a child’s long-term requirements are also issues for consideration.
Custody doesn’t always rest with where the child sleeps. A parent’s capacity and willingness to maintain a child’s current medical and educational support systems, and to ensure that routines are maintained and carried out by service providers, can be a critical factor in the outcome of a case.
Custody agreements can set out important details about who will handle organizing therapies, when/how parents will communicate with medical professionals, and how disputes will be resolved. This way, both parents can stay involved.
Creating an Effective Parenting Plan
One in six, or roughly 17%, of children in the United States between the ages of three and seventeen have one or more developmental disabilities, according to recent estimates. These special needs require additional time and attention, which can be addressed in an effective, tailor-made parenting plan. Parents should consider the following:
- Specified schedule, including therapy sessions, special diet or medication times, sleep schedules, tutoring, or special educational activities.
- Decision-making authority, specifying which parent has the final say or how they will agree on medical, educational, and behavioral decisions.
- Transportation and logistics, determining who is responsible for transporting the child to and from therapy, school, or appointments, and how costs are divided.
- Communication plans, outlining how and how often parents will communicate about the child’s progress, treatment changes, or behavioral issues.
- Emergency plans including steps to take in case of a medical emergency, which parent will take the child to the hospital, access to medical records, and how each parent will be informed.
- Relocation protections, such as considering how a move would affect the child, and even putting restrictions in place that would interfere with the child’s needs.
This level of detail reduces conflict and ensures that both parents are aware of their responsibilities to provide consistency and care.
Financial Support
Special needs often come with additional financial needs. In fiscal year 2024, the CDC allocated $45.26 million to help children with developmental disabilities. Children with special needs often require financial assistance beyond basic necessities. The expenses might not be covered by standard child support. Courts have the authority to provide extra assistance to address:
- Medical treatments, such as speech, physical, and occupational therapy
- Counseling for mental or behavioral health
- Tutoring and special education needs
- Mobility devices or assistive technology
- Future expenses for things like adult care, guardianship, or long-term medical requirements
Support orders may also require one or both parents to pay for special costs that insurance does not cover, such as hiring trained caregivers or modifying a home to meet mobility needs. The parents are aware of their responsibilities to provide care and consistency.
FAQs
Q: What Defines a Special Needs Child in the Eyes of the Law?
A: In family law, a special needs child usually means a child who has a physical, developmental, behavioral, or psychological condition that necessitates medical treatment, therapy, or supervision on an ongoing basis.
The definition of special needs includes conditions ranging from autism to intellectual disability, as well as chronic illness and mental health disorders. The presence of special needs is crucial when courts decide on child custody arrangements, as well as child support obligations and long-term care options.
Q: Can Child Support Be Adjusted for a Child With Disabilities?
A: Yes, additional support may be granted for extraordinary costs due to medical treatment, therapy, special education, adaptive equipment, or in-home care. Child support agreements for special needs children often include language for extraordinary/uninsured expenses in addition to guideline support amounts. An experienced child support lawyer can help individuals with any questions they have.
Q: How Do Parents Plan for Long-Term Care Once Their Child Turns 18?
A: Some parents use trusts or other financial tools, such as a special needs trust, to help protect their assets and remain eligible for government benefits. Guardianship or conservatorship is another common option to ensure there is always a legally recognized decision-maker for an individual with a disability. The courts can extend support orders beyond age 18 if the child is unable to live independently or maintain regular employment.
Q: What if Parents Disagree on the Child’s Care or Treatment?
A: Disputes can be resolved through mediation, parenting coordinators, or the courts. Decision-making plans can be developed that lay out specific decision-making structures, identify a tie-breaker method, or outline a process involving another healthcare or education professional. The court may give final decision-making authority to one parent if it is in the child’s best interests.
Contact Stange Law Firm
If you or a loved one has a special needs child, you can come up with a plan that is in your child’s best interest. Stange Law Firm can help you protect your and your child’s rights. Contact us today for more information.