Divorce When a Special Needs Child is Involved

Divorce with Special Needs Children

There are unique considerations and decisions that come with divorcing parents of a special needs child should be carefully examined. There is no standard solution for parents with a special needs child because each situation is different and requires customized solutions. Here are some of the key decisions that may need to be addressed.

Child Custody Decisions

One major aspect is the importance of navigating custody decisions. When a child has a diagnosed condition with established treatments and practices, it’s typically easier for the court to follow existing patterns set by both parents and professionals. However, when there’s disagreement about the child’s condition, the court may order testing and rely on expert opinions to guide custody arrangements.

Financial Challenges

Financial considerations also play a significant role. The costs associated with caring for a special needs child, including medical expenses and specialized education, can be substantial. Courts prioritize the child’s needs and may allocate these costs based on the parents’ ability to pay, ensuring that the child’s care is adequately provided for.

Lifelong Care

An often-overlooked aspect is that the care for a special needs child doesn’t necessarily end at age 18. Even as adults, these children may require ongoing support and resources. In such cases, courts can extend parenting time schedules and order continued financial support from both parents to ensure the child’s well-being.

Advantages of the Collaborative Divorce Process

The Collaborative Divorce process is a good approach to take in such delicate situations. You and your spouse have a deep understanding of your child’s needs, the collaborative process can lead to more tailored and effective solutions. Professionals trained in conflict resolution can facilitate discussions, helping you and your spouse reach agreements that prioritize your child’s best interests without the need for costly legal battles.

To sum up, divorce involving special needs children demands careful consideration and specialized approaches. By prioritizing the child’s well-being, relying on expert opinions, and fostering collaboration between parents, it’s possible to navigate this challenging terrain with sensitivity and efficiency.

The Law Offices of Patrick Markey, P.C., to the Collaborative Divorce Process. Our offices are located at 108 Stetson Avenue, Suite 3500 in Chicago, Illinois. You may call us at 312-223-1763.