Divorce and children with special needs

Divorce is difficult for the entire family, but when there are special needs children, the complications are intensified. These children require certain types of special care to help them live happy, fulfilling, and productive lives and this support can be quite expensive, depending on the nature of the child’s condition.

Different types of special needs include:

• Attention deficit/hyperactivity disorder (ADHD)
• Autism
• Learning disabilities
• Deafness
• Visual impairments
• Speech impairments
• Physical challenges

Child support for special needs children

In New York State, statutory guidelines determine the amount of support a custodial parent receives to cover expenses related to the care of any minor children. There are, however, certain exceptions when it comes to special needs children. Family court judges will consider the cost of a child’s special care when arriving at a monthly support amount and existing support orders may be modified if higher support payments are needed to cover the child’s later needs.

Child Custody

Child custody is determined with the child’s best interests in mind, and with special needs children, the court will want to ensure that their particular requirements will be adequately met. To reach a decision, they will consider factors like the following:

• Which parent is more capable of providing the required care for the child
• The ability of each parent to provide necessary medical care
• Whether each parent has their home structured to accommodate the child’s needs, such as wheelchair ramps

Other relevant factors include each parent’s relative ability and fitness to cultivate and guide the child’s intellectual and emotional development. If a parent unreasonably denies that a child has special needs and fails or refuses to provide necessary services and support, then this can be a major factor in a custody determination.

Child Visitation

Some special needs children struggle with traditional visitation schedules, which usually calls for them to stay at their noncustodial parent’s home on weekends and certain holidays. For example, children on the autism spectrum may have an adverse reaction to changes in their normal routine. In these instances, expert input may be necessary to come up with a visitation schedule that works for both parents and the child.

To ensure that the court issues a support, custody and visitation order that gives your child what he or she requires, it is important to obtain the assistance of a New York family court attorney who can ensure that the scope and nature of the child’s special needs are understood. If or when those needs change, then your attorney will present an argument in favor of modifying orders that no longer suffice, ensuring that the child always receives the support he or she needs. The attorneys at Eskin & Eskin, P.C. have more than 40 years of combined experience and are skilled negotiators and litigators. They have a proven record of success in family law and divorce cases as represented by their numerous referrals. Call 718-402-5204 to talk to a lawyer today or visit www.EskinAndEskinLaw.com.