For parents of a special needs child in New York facing divorce, numerous questions and concerns often arise. They may be uncertain of their legal rights and obligations under the law regarding custody agreements and child support calculations. It’s imperative to ensure that all decisions prioritize the child’s best interests. Please continue reading as we explore what you should know about these matters and how an experienced Nassau County Family Lawyer can help ensure your child’s well-being is a priority throughout divorce proceedings.
How is a Divorce with a Special Needs Child Different?
Divorce, irrespective of its specific circumstances, inherently presents a complex situation necessitating careful consideration of financial implications, as well as child custody and visitation arrangements. This complexity is significantly amplified when the well-being of a child with special needs is at stake, as their intricate medical, therapeutic, and educational needs must be thoroughly addressed.
Regrettably, a judge may not always fully grasp the daily demands associated with raising a child with special needs. For example, standard child support calculations typically account solely for income and the number of days a child spends with each parent, often overlooking substantial therapeutic and medical expenses inherent in their care. Therefore, securing legal counsel with specialized experience in this domain is paramount to effectively navigating divorce proceedings.
What Must I Consider?
The dissolution of a marriage presents unique challenges when it involves a child with special needs. Customary custody and visitation arrangements are often ill-suited for children with special needs. Parents must account for their child’s unique needs when developing a parenting plan. Should parents fail to reach a mutual agreement on these matters, the court will intervene to determine a plan that serves the child’s best interest. This typically results in a joint custody arrangement, as the court generally posits that children benefit from maintaining a relationship with both parents.
However, joint custody may not invariably align with a child’s best interests, particularly if frequent transitions between homes prove overwhelming. Moreover, should one parent be deemed incapable of furnishing sufficient care and support, the court reserves the right to put the child’s welfare above all else, thereby situating the child in the most suitable environment.
Child support for children with special needs often necessitates calculations that exceed standard formulas, reflecting the intensive care required. Depending on the specific circumstances, the court may even order lifelong support from the non-custodial parent. This ensures the child receives essential financial assistance for their care.
As is evident, navigating a divorce when a special needs child is involved presents distinct challenges. At the Law Office of Eyal Talassazann, P.C., we are prepared to assist you in crafting a parenting plan that prioritizes your child’s unique needs and safeguards their future. We invite you to connect with our firm today for more information and to schedule a consultation.
