When parents are going through a divorce with a special needs child, the process can be more involved than in other situations. When crafting a settlement and custody arrangement, those involved need to consider the child’s abilities, long-term care needs, and strengths.
Additionally, everyone would benefit from carefully thinking about each parent’s resources and ability to provide the child with a complete and supportive life. If you’re in this situation, having timely and knowledgeable legal support is helpful.
At Turner Family Law, our experienced divorce lawyers collaborate with clients to provide agile and responsive solutions to their legal matters. Our founding attorney is a divorced dad, which gives him an edge when helping clients work through sometimes complicated and emotionally trying family disputes.
Child Custody Considerations for Special Needs Children
Under South Carolina law, the child’s best interest is a big part of what guides child custody decisions. Factors the court may look at include the child’s age, maturity level, developmental stage, and social network. Additionally, the court will want to understand more about the child’s relationship with each parent and how each parent can provide for the child.
If the child has special needs — i.e., because of a physical or mental impairment — the court will want to make sure the home the child stays in is supportive and stable. For example, the child may become extremely dysregulated because of disruptions in their routine and environment. In that case, the court may be less inclined to move the child to a different house in the separation. Additionally, the judge will take extra care to ensure the parent who gets custody can meet the child’s physical, mental, medical, and other needs.
Financial Implications of Divorce With a Special Needs Child
Children with special needs may require costly treatments, long-term financial assistance, and other accommodations. Because of this, the court may adjust the child support or maintenance awards to ensure the custodial parent has the resources needed to pay for these. For example, the court may allow one parent to keep more assets to cover the long-term or additional costs of raising or providing for a child with special needs.
Additionally, one or both parents may set up other legal structures — like a living trust — so money is set aside and available to support the child as they grow up. They may add a term to these documents that prevents a parent from accessing these funds unless they’re authorized to make the withdrawal and will use the money for specific expenses for the child. When the court reviews the parties’ marital settlement agreement, it may consider these financial factors and encourage balanced adjustments as needed.
Negotiating a Divorce Settlement With a Special Needs Child
Negotiating a settlement when the divorcing spouses have a special needs child together can be complex. Instead of purely considering an equitable arrangement that just looks at the two spouses’ marital and nonmarital assets, the spouses need to think about the entire family’s needs and abilities. For instance, the custodial parent may have to bear more financial responsibility to care for the special needs child. To account for this, they may receive more money each month in child support or more resources in the property settlement.
Additionally, if moving the child would be unduly harmful to the child’s well-being, the custodial parent may have to stay in the marital home. In turn, this may change what the parents receive in the final settlement. Because of the nuanced considerations involved in these situations, it can be beneficial for the spouses to work with a seasoned attorney who can help.
Why You Need a Greenville Family Law Attorney for Divorce Cases With a Special Needs Child
When you have a child with special needs, your world may be much different than that of other parents. Likewise, your divorce may involve a constellation of variables beyond a straight split of assets. Because of this, partnering with a knowledgeable and seasoned family law attorney can be crucial.
Your lawyer can talk to you and learn about your child’s strengths, challenges, and overall needs. Then, they can learn about your preferences and what you think would be best for your child. Armed with this information, they can use their training in the law to craft an appropriate custody and settlement arrangement for you that aligns with your family’s unique structure, values, and needs.
Contact Turner Family Law for Help With a Divorce When You Have a Child With Special Needs
A divorce with a special needs child can be uniquely challenging, requiring adaptable and well-thought-out solutions to family law matters. If you and your spouse have a child with special needs and you’re getting a divorce, finding trusted legal advice from the start can be critical.
The team at Turner Family Law welcomes the chance to get to know you and your family and help develop legal solutions that fit your family. We know you want what’s best for your child, and we know you’re the expert on what that is for your child and your family. When we work with family law clients, we seek to empower and uplift them to resolve disputes in a productive, amicable, and lasting way.
Contact our law firm today by calling 864-778-2734 to schedule a no-obligation consultation.
