When parents of a special needs child divorce, there are many issues to consider to ensure that the child’s unique needs continue to be met. Determining how parents will share parental responsibility – the authority to make decisions regarding a child’s education, healthcare, and more – is a very important issue parents with a special needs child will have to consider as part of their divorce.
Medical Decisions for a Special Needs Child in a Divorce
When making a determination regarding the medical allocation of parental responsibilities in a special needs case, the court may assign these responsibilities to one parent or both depending on various factors. Have both parents been involved in the medical care of the child? Do the parents mostly agree on their child’s treatment plan? Or, is it a case where the parents are at odds about major medical decisions regarding their child? The court will act in the child’s best interest whether that means allocating sole parental parenting responsibility regarding medical decisions to one parent, or both, depending on the answers to these questions and more.
Decisions Regarding Education for the Special Needs Child After Divorce
Children with special needs often require a specific education plan and educational accommodations. A parent or parents often meet with educators at their child’s school to formulate an education plan for their child. If parents do not get along or cannot agree on major educational decisions, the court may grant decision making authority to the parent who has historically handled educational decisions to avoid disruption in the child’s education.
Financial support for a Special Needs Child
A special needs child may require additional financial support beyond court ordered child support that is based on income and parenting time. There may be tuition, extracurricular activities, and other resources and equipment that would benefit a child with special needs – expenses that parents will want to agree to share as part of a comprehensive parenting plan.
Estate Planning for Special Needs Child as Part of the Divorce
All parents worry about what might happen to their children in the event of a parent/s death. Parents with a special needs child likely have already thought about protecting their child well into the future with an estate plan, which can include a special needs trust and life insurance policy naming a beneficiary as trustee on behalf of the minor child. Working with an experienced attorney during your divorcee to tailor a plan for your special needs child is important, providing divorcing parents’ peace of mind that their child will always be cared for.
Contact an Experienced Family Law Attorney for Help
Divorcing parents often have concerns regarding parental responsibility and financial support for their special needs child. If you are a parent of a special needs child and are considering divorce, it is advisable to meet with an experienced family law attorney who can help you negotiate the best possible outcome to meet the needs of your child. Contact the Libertyville family law office of Ronald L Bell & Associates PC for immediate assistance today.