Going through a divorce is never easy, and it becomes even more challenging when you are a parent of a child with special needs. The emotional, financial, and legal complexities involved in these situations can leave you feeling overwhelmed. At our law firm, we understand the difficulty of navigating a divorce when your child has special needs. You are not alone in this journey, and we are here to offer support and guide you through each step.
Divorce is a life-altering event, and when a special needs child is involved, there are additional considerations that can complicate the process. As a parent, you may be wondering how the divorce will affect your child’s future and what legal steps you need to take to ensure their needs are met. Rest assured, we are here to help you navigate this difficult time, keeping your child’s best interests at the forefront of the case.
How Divorce Affects Parents of Special Needs Children
In any divorce, there are issues like child custody, visitation, and child support that need to be addressed. However, when your child has special needs, these issues become even more critical. The court will look at factors beyond the usual considerations to ensure that your child’s emotional and physical needs are met, both now and in the future. You may need to make arrangements for long-term care, therapy, medical treatments, and educational support.
One of the most pressing concerns for many parents is custody. Parents of children with special needs often worry about who will be best able to provide consistent care. A child with special needs often requires more medical attention, therapy, and possibly special education programs. The court takes all of these factors into account when deciding on custody and parenting time arrangements. This may include decisions regarding which parent is more suited to take on the primary caregiving role and how shared custody will be arranged to best support the child’s needs.
Another critical concern is child support. In New Jersey, the law requires that child support be adjusted to meet the needs of the child, including any special medical care or therapies they might require. This can affect how child support is calculated. You may need a customized plan that accounts for your child’s ongoing treatment or long-term care costs, something that might not be necessary for children without special needs.
More than an accomplished divorce and family law attorney, Tanya L. Freeman, is a consummate professional with a wealth of corporate and life experience. Known as a leader and strategist, Tanya L. Freeman was appointed by the Governor of New Jersey as Chair of the Board of Directors of the University Hospital in Newark, New Jersey. Tanya L. Freeman also presents among the ranks of public speakers. She captivates and inspires professional groups nationwide. "Tanya has the eloquence and oratory brilliance with the ability to forge deep connections with her listeners."
Tanya L. Freeman, Attorney at Law
Managing Partner of the Family Law Practice at Callagy Law
Important Legal Considerations in a Divorce Involving Special Needs Children
When a divorce involves a special needs child, the court is likely to consider factors that go beyond the standard guidelines. Special needs children often require ongoing medical care, specialized schooling, and sometimes full-time assistance. You may also need to consider the potential for lifetime care, depending on the severity of your child’s needs.
In these situations, it’s crucial to address long-term planning. Unlike typical child support agreements, you may need to work out a plan that covers costs well into your child’s adulthood. This could include financial plans for housing, health care, and assistance with daily living needs. The court may also take into account whether both parents have the ability to contribute financially to these long-term costs.
Additionally, you will need to address potential future changes in the child’s needs. Special needs can evolve as the child grows, and you may need to adjust financial support or caregiving responsibilities accordingly. The court’s decision will often aim to provide stability and predictability for the child’s future.
I was very fortunate to find Tanya online during an urgent family matter. I was able to speak with her on our situation and she immediately jumped on the case the same day. I was impressed at her knowledge and her team as they were able to answer questions on the spot and navigate through an unpleasant situation. Her honesty and responsiveness have made this process much easier, and the support she has provided has truly gone above my expectation of a family law firm. This is truly an exceptional firm & I would highly recommend.” - Lydia Martinez My father recently hired Tanya Freeman; Family Law Attorney and her team as a replacement to handle his divorce which has been going nowhere for over 3 years with a different attorney. Tanya and her team have done so much within just a few months for his trial and has given my father a new sense of hope. The team is always quick to respond to any questions. The case is still ongoing, however, my father has newly restored confidence that he will be treated fairly and with his best interest in mind. We definitely recommend Tanya Freeman; Family Law Attorney." - Molly Howard Tanya is an outstanding attorney! Her attentiveness to detail and willingness to be honest with her clients means you’re going to get the best possible outcome for your case. She and her team went above and beyond, making sure my divorce and custody case ended neatly and in the best interest of my children. Her pricing is reasonable and she’s willing to work with you. I highly recommend Tanya Freeman to anyone going through a divorce or family law case!" - Jenifer Mckinney
Custody Arrangements and Parenting Plans
Custody arrangements are one of the most difficult aspects of any divorce. When your child has special needs, custody arrangements may require even more attention. The goal is to create a plan that offers consistency and structure for the child. Courts in New Jersey take several factors into account when determining custody, such as each parent’s ability to care for the child, the child’s medical and emotional needs, and the child’s attachment to each parent.
If one parent has been the primary caregiver, the court will likely give that parent more time with the child. However, it’s important to note that shared custody can still be an option, depending on the child’s needs and both parents’ ability to provide appropriate care. It’s vital to understand that a parent’s role in providing for their child’s special needs can play a significant role in how custody decisions are made. This may include the ability to manage medical appointments, therapies, or educational needs.
In situations where both parents can be involved, the court will try to make arrangements that allow for as much time together as possible. This can include creating a structured parenting plan that outlines visitation schedules, decision-making responsibilities, and care-related tasks. The court will prioritize the child’s well-being, ensuring that they have a consistent routine that supports their needs.
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Financial Planning and Long-Term Care
In divorce cases involving special needs children, financial planning is crucial. The cost of supporting a child with special needs can be much higher than for children without such challenges. You may need to plan for future medical expenses, ongoing therapies, special education, and other services your child will need as they grow.
New Jersey law provides for child support guidelines, but these guidelines may need to be adjusted to ensure the special needs child receives the care and attention they require. Financial arrangements may need to include provisions for extra costs, such as therapies, medications, or specialized equipment. In some cases, parents may be required to contribute to a special needs trust to help manage funds for the child’s long-term care.
If the special needs are severe, it is essential to discuss the possibility of future care needs once the child reaches adulthood. Planning for this future is important, and the divorce settlement may include provisions for a trust or other financial arrangements to ensure the child is supported even after both parents are no longer able to provide care.
Navigating the Divorce Process with Support
Divorce is often an emotional and stressful process, but when a special needs child is involved, the situation can be even more complicated. You may have concerns about how the divorce will impact your child’s emotional well-being or how to ensure their future needs are met. These are valid concerns, and it’s important to have a skilled attorney who can guide you through the legal complexities of divorce with special needs children.
Having an attorney who understands the nuances of these types of cases can make a significant difference in the outcome of your divorce. At our law firm, we approach each case with empathy, recognizing the unique challenges you face. We will work tirelessly to ensure that your child’s needs are met and that you receive a fair and favorable result in your divorce proceedings.
At our law firm, we understand the emotional and legal complexities of divorce, especially when a child with special needs is involved. We are here to provide compassionate legal support and help you through the process, ensuring that your child’s best interests are always at the forefront of any decisions made. Whether it’s addressing custody, child support, or long-term care planning, we are here to guide you every step of the way.
If you are facing a divorce and have a child with special needs, we are here to help. We can help you create a plan that addresses your child’s unique needs and ensures that they have the financial and emotional support they require. You don’t have to face this difficult time alone. Contact our office today to discuss how we can support you in navigating your divorce and protecting your child’s future.