If you are raising a child with special needs, you know the unique challenges involved. When dealing with custody issues, an experienced Loudoun County special needs custody lawyer can ensure you and your family get the help you need.
At Melone Hatley, P.C., we have spent the past decade helping the parents of children with special needs protect their families, finances, and future while navigating the divorce process. Our compassionate team of Loudoun County child custody lawyers will work with you during your custody battle to ensure your child’s best interests are addressed.
Essential Considerations When Going Through a Loudoun County Divorce Involving Children With Special Needs
Virginia has guidelines for how custody and child support should be addressed. These guidelines outline how to accommodate the unique issues that present themselves in cases involving children with special needs. Above all, the court will consider what is in the best interest of your child when determining your case.
Several additional factors must also be taken into consideration to ensure the needs of your child are met.
An experienced Loudoun County family lawyer will help you determine all the issues that need to be resolved in your case and ensure the court is aware of all the complexities that need to be considered when making a ruling regarding custody and support.
Custody and Visitation
The most contentious part of any divorce involving children tends to be the issues of custody and visitation. The court will consider many factors about your family under Virginia Code § 20–124.2 when making a ruling on custody when a special needs child is involved. However, even with guidelines to follow, the court may fail to make a ruling that best aligns with your child’s needs.
You and your spouse have the best understanding of the particular needs of your child. Because of this, it is always best if you can negotiate a custody and visitation agreement directly with your spouse that ensures the needs of your child are addressed.
An attorney can help protect your parental rights during negotiations while ensuring the needs of your child are met.
Child Support
When raising children with special needs, you will likely face much greater expenses than other parents. The guidelines for child support set forth in Virginia Code § 20-108.2 create a structure for addressing these additional costs.
To make a ruling that accounts for these needs, the court must have all the relevant information about your situation. A special needs custody attorney serving Loudoun County can help present an accurate picture of the costs associated with raising your child.
Your lawyer will ensure that the child support payments you receive adequately cover the costs of meeting your child’s needs, including healthcare, medical equipment, special education, and any additional services they require.
State and Federal Disability Benefits
Understanding how any state benefits or federal disability benefits your child may receive is critical to your case. These benefits can help cover the cost of your child’s care. However, specific government regulations apply that determine whether your child qualifies for assistance or not.
When seeking child support, you need to understand that recovering the maximum amount available from your spouse may affect whether or not your child qualifies for government assistance. Getting more money in child support could ultimately result in less money to cover your child’s needs overall.
At Melone Hatley, P.C., we have a thorough understanding of the disability benefits guidelines and will take those into account when seeking child support in your case to help ensure that your child receives the money necessary for their care from all available sources.
Care Into Adulthood
In most divorce cases, the issues of child support and custody only extend until the child reaches the age of 18. However, due to the fact that many children with special needs require care well into adulthood, the extended needs of your child must be considered during the divorce process.
An experienced Loudoun County special needs child custody lawyer can help protect your child and ensure that their long-term care needs are accounted for in the final divorce agreement or order.
Factors that Can Affect a Virginia Custody Order for a Child With Special Needs
When making a ruling in your special needs custody case in Virginia, the judge handling your case will consider a variety of factors to ensure that your child’s best interests are met. These can include:
- The health and safety of your child
- How much 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 attachment to you, your spouse, and any other family members and loved ones
- The impact that removal from their current family home would likely have on your child
- The age and developmental level of your child
- The financial resources available to each parent
- The proximity of schools and medical facilities to the home of each parent
- The proximity of family to each parent
- The wishes of the child, depending on their age and maturity level
- Any issues with either parent, including abuse, substance use, and abandonment
Loudoun County Special Needs Custody
Lawyer Near Me
703-995-9900The Needs of Your Child Are the Court’s Top Priority
The primary concern of the court in any divorce case involving children is that the needs of your child are being met. Your rights and needs come second. The judge presiding over your case will try to find a solution that works for everyone.
It can be particularly challenging to strike the right balance in divorce cases involving children with special needs since these children often require routine and stability. In these cases, a standard shared custody arrangement may not be a viable option.
While the judge in your case will do everything they can to keep both you and your spouse deeply involved in the life of your child, they do not know your family the way you do, and the final custody arrangement they reach may not be ideal. Fortunately, an experienced Loudoun County special needs custody attorney can help represent the best options for your child.
Get Help From an Experienced Special Needs Child Custody Attorney in Loudoun County Today
At Melone Hatley, P.C., we are ready to help you and your child with special needs through the custody process. We will use every tool at our disposal to protect your parental rights as we work to ensure that the needs of your child are met.
Contact our Loudoun County special needs child custody lawyers by phone or through our website today to schedule a free case evaluation.
