Being a parent is one of the most challenging but rewarding roles you can assume. However, when you have a child with special needs, your life will look different than that of other parents. As such, if you are going through a divorce, understanding your rights regarding your child is critical. The following blog explores why a divorce of parents with a special needs child is different, and the matters you’ll need to consider during this process. You’ll also learn the importance of working with a Somerset County family law attorney to guide you through these difficult times and help you fight for the best possible outcome.
Is a Divorce With a Special Needs Child Different?
It’s no secret that going through a divorce is incredibly complicated. However, when you have children, this process can become even more overwhelming, as you’ll need to consider their best interests in these matters. As such, going through a divorce when you have a child with special needs can be very difficult to navigate, as they likely have more specialized needs than other children.
Unlike a typical divorce where child custody is a factor, you’ll need to take extra steps to document your daily routine and gather information regarding medical care, therapy, and specialized programs your child is a part of. This is because the child support calculator does not often take these factors into consideration.
What Matters Must I Consider?
One of the most pressing matters when filing for divorce is child custody. When parents cannot agree on an outcome, the court can step in to determine how to divide custody that reflects the best interest of the child, which usually amounts to shared custody. However, moving between homes may not be in your child’s best interest, as this can be overwhelming. Additionally, if one parent is unable to provide the necessary care and support for the child, the court may deviate from the idea that shared custody is ideal to ensure the child is placed in the best possible situation.
You should also note that child support for children with unique needs can be much higher due to the care they require. Additionally, depending on the child’s circumstances, the court could order life-long child support from the non-custodial parent, as the child may require care for the rest of their life. As such, the court may not end child support at age 21 to ensure the custodial parent has the financial support necessary to continue providing care for the child, even into their adulthood.
As you can see, navigating these matters can be incredibly difficult. That is why it is critical to connect with an experienced attorney with the Siragusa Law Firm. Our team can help guide you through these matters to help you fight for the best possible outcome for both you and your child. Contact us today to learn how we can represent you.