Divorce & Special Needs

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Divorce & Special Needs

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Divorce & Special Needs - 3 THings to Consider

5 Things to Consider When Divorce Involves a Special Needs Child

Custody, Visitation & Support Considerations and a divorce action can be complicated. However, when a child has special needs, those concerns and the decisions that have to be made are all the more important. Parenting is challenging. Parenting following a divorce is very challenging, and parenting a specials needs child after divorce is monumentally challenging. The ability to work together as co-parents is all the more important when you are parenting a special needs child.

CONSIDERATION #1

First, you need to consider that while many divorcing parents will only have to truly co-parent on a daily basis until their children reach adulthood, you may be co-parenting on a daily basis for the rest of your natural life. While some special needs children will go on to live independent lives, many will not. It will be important for the two of you to work together to assist each other in the care of your child from day-to-day care, to doctor's appointments, Specialist appointments, Counseling, Independent living skills training. As well as appointments and commitments.

You will have to put your differences aside.

CONSIDERATION #2

There are times when you will need the other parent to provide respite care for you. Everyone needs and sometimes deserves a break, and neither of you should feel guilty about asking for that support. Also, don't use the others need for self-care and time off to berate and belittle the other parent.

CONSIDERATION #3

Be careful how you structure any child support awards your child may qualify for through SSI and medicaid. If the child support is not structured properly, then your child could lose his or her medicaid eligibility. While this may not matter today because your child may be covered on your health insurance, it could become a big deal later on when the child is no longer eligible to be covered on your health insurance plan.

CONSIDERATION #4

Creating a Supplemental Needs Trust (SNT). It is important that if you plan to estbalish or fund a Special Needs Trust that you seek out the help of a professional attorney who specializes in working with special needs trusts in the divorce process. This is in addition to your divorce attorney, so your child will always maintain benefit eligibility.

CONSIDERATION #5

Remember when trying to establish visitation, time-sharing arrangements or other schedules that the consideration of what i best for the needs of the child come first. It may seem like a good idea to allow for overnight visits during a school week, but that may not always work well for your child. Some special needs children have incredible difficulty with changing routines and schedules it's not about you or what you want it is about making sure that the schedule works for your child first and for you second.

Always put your children's needs before your own This is true in every custody case but even more so when your child has special needs.

GOT QUESTIONS? ASK US. WE CAN HELP WITH THAT!

Join us on Thursday, May 6th for our weekly webinar series as we discuss relevant questions on Divorce & SPecial Needs with our guest Attorney Robert Withrow of Rico, Murphy, Diamond & Bean LLP. You can register here:

www.ariesfoundation.org/events

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