Those raising a child with special needs know that there are many unique challenges involved. The difficulties created by this situation often put a strain on marital relationships and result in high divorce rates for parents of special needs children. When addressing custody issues during a divorce, an experienced Fairfax special needs custody lawyer can help.
At Melone Hatley, P.C., we have spent the past decade dedicated to helping parents of children with special needs navigate the divorce process. Our compassionate team of Fairfax custody and visitation lawyers is here to work closely with you, to protect your family, finances, and future, and to advocate for your child’s best interests every step of the way.
We recognize that this can be an overwhelming time, but please do not hesitate to reach out and schedule a free case review with one of our Client Service Coordinators.
Factors that Must Be Considered During a Divorce Involving a Child With Special Needs
Navigating custody and child support can be especially challenging when you have a child with special needs. While Virginia has established guidelines, these may not always adequately address the unique circumstances of your family. In cases involving children with special needs, several additional factors must be considered to ensure that your child’s needs are met.
An experienced Fairfax family lawyer will understand the unique complications of your case. Your attorney will help you identify all the specific issues that need to be addressed in your case and will ensure the court fully comprehends the circumstances of your situation so they can make an informed ruling about custody and support.
Custody and Visitation
Custody and visitation are often the most contentious parts of any divorce involving children. Navigating these issues can be especially emotional and complex when your child has special needs.
The court considers various factors outlined in Virginia Code § 20–124.2 when making a custody determination. These factors include the best interests of your child, ensuring frequent and continuing contact with both parents when appropriate, and encouraging shared responsibilities in rearing your child.
However, the court’s ruling may not always fully align with your child’s needs. As parents, you and your spouse have the deepest understanding of your child’s requirements and what is in their best interest.
Therefore, it’s often best to negotiate a custody and visitation agreement directly with your spouse. This approach allows you both to craft an arrangement that thoroughly addresses your child’s needs while protecting your parental rights.
An experienced attorney can help guide you through this process and ensure your child’s needs are met.
Child Support
Caring for a child with special needs often involves heightened financial burdens that the standard child support guidelines outlined in Virginia Code § 20–108.2 do not fully address.
While the court can issue a ruling that deviates from these standard guidelines, you must provide detailed information about your situation for this to happen.
An experienced Fairfax special needs custody attorney will work closely with you to present the court with a comprehensive understanding of the expenses required to properly care for your child.
This may include healthcare costs, medical equipment, specialized education, and any other critical services they need.
State and Federal Disability Benefits
Understanding the intricacies of how state benefits and federal disability benefits factor into your custody and child support case is critical when caring for a child with special needs. While these benefits can help cover the costs of your child’s care, specific government regulations will determine your eligibility.
When seeking child support, it’s essential to consider how that may impact your child’s eligibility for government assistance programs. Recovering the maximum amount from your spouse could potentially affect your child’s qualifications, resulting in less overall funding for their care.
At Melone Hatley, P.C., we are committed to approaching each case with empathy and a thorough understanding of the unique challenges you face. We are aware of all the guidelines related to disability benefits and will take everything into account when seeking child support in your case.
Care Into Adulthood
In the majority of divorce cases, issues surrounding child support and custody are only in effect until the child turns 18. However, because a large number of children with special needs require care well into adulthood, the extended needs of your child must be taken into account during the divorce process.
An experienced Fairfax special needs custody lawyer can help you ensure that the long-term care needs of your child are factored into the final divorce agreement or order.
Factors that Can Impact a Custody Order in a Case Involving a Child With Special Needs
When ruling on your special needs custody case in Virginia, the judge presiding over the case will weigh a variety of factors before making a ruling they believe to be in the best interest of your child. Some of the things they will take into account include:
- Your child’s health and safety
- The amount of time both you and your spouse spend with your child
- The relationships that you both have with your child
- The physical, mental, and emotional health of both you and your spouse
- Your child’s age and developmental level
- Your child’s attachment to you, your spouse, and any other family members and loved ones
- The proximity of family to each parent
- The impact that removal from the current family home would likely have on your child
- The financial resources available to each parent
- The proximity of schools and medical facilities to the home of each parent
- Any issues with either parent, including abuse, substance use, and abandonment
- The wishes of the child, depending on their age and maturity level
Fairfax Special Needs Custody
Lawyer Near Me
703-995-9900The Court Will Place the Needs of Your Child Above All Else
The top priority of the court when ruling on a divorce case involving children is always going to be to ensure that the needs of the child are being met. The rights and needs of the parents are a secondary concern.
The judge handling your case will look for a solution that works for everyone. However, if that is not possible, your child’s needs will come first.
Striking the right balance in a custody arrangement can be particularly difficult in divorce cases that involve children with special needs since these children often require stability and routine in their lives. Because of this, a standard arrangement of shared custody may not be a realistic option.
While the presiding judge in your case will do all they can to ensure that both you and your spouse remain as involved as possible in the life of your child, they only know your family on a surface level, and the custody terms they decide on may not be ideal. Fortunately, a Fairfax special needs custody attorney can help present them with the best options for your child.
Get Started on Your Case With Help from an Experienced Special Needs Attorney Serving Fairfax Today
At Melone Hatley, P.C., we are here to help protect you and your child with special needs throughout the custody process. We will use every resource available to ensure your parental rights are upheld as we fight to ensure that your child’s needs are met.
Contact us by giving us a call or completing our online contact form to set up a free case consultation today.
