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Divorcing When You Have a Special Needs Child

Divorcing When You Have a Special Needs Child

If you have a special needs child, you have additional considerations as you move through the divorce process. When couples make the decision to divorce with a special needs child, their divorce case will likely be more complicated than the average. Children who have any kind of a special need will need additional care, emotional support, medical support, or financial support. This can make determinations regarding the equitable division of assets, spousal support, child support and other determinations commonly made in a divorce even more challenging.

Every Special Needs Child is Unique

“Special needs” is a term that encompasses many different kinds of challenges that a child may face. While this is truly an all-encompassing term, the truth is that it could relate to mental challenges, physical challenges, or emotional challenges. Every child who has a diagnosis of some sort of special need will likely require additional medical or psychological support. In some cases, additional education or mentoring needs to occur. In other cases, the child will need to have multiple medical appointments on a weekly or monthly basis. If parents shouldered the responsibility regarding their special needs child when they were married, they will need to find a way to do so after the divorce, as well.

Child Custody Issues Relating to a Special Needs Child

The needs of a child should always come first in matters involving custody issues, and nowhere is this more important than in determinations regarding children with special needs. In some cases, one parent may need to refrain from entering the workforce after a divorce in order to take a child to multiple doctor appointments or to assist them throughout the day at school. Every child who has special needs will have unique requirements and need assistance in some way, perhaps even into adulthood. As a result, determinations regarding child custody and child support calculations will look different in divorces with special needs children. In fact, in some more severe cases, where a child would feel uncomfortable moving to different homes, parents can make the decision to keep the child in one home, and they themselves switch residences in order to ensure the child maintains a level of stability. Many child support calculations will also be different, as one parent may need to stay with the child a majority of the time and remain unable to work full-time. Along this same line, spousal support calculations can also rest on these unique circumstances and situations.

Contact an Experienced law firm in new jersey

If you are facing a divorce and have a special needs child, you will need to ensure that your legal rights regarding custody, visitation, and the needs of your child are met. Make sure to visit with an experienced divorce attorney to ensure that the legal rights of both you and your child remain protected. Contact an experienced divorce attorney at Giro Law at 201-690-1642 to help you understand your legal rights.

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