If you are raising a child with special needs while going through a divorce, you need to hire a lawyer who understands your unique circumstances. At Melone Hatley P.C., our Charlotte special needs custody lawyers will advocate for you and your child.
With over three decades of combined experience, our Charlotte special needs child custody lawyers will stand by your side during every step of the legal process. We aim to protect your family and finances.
Reach out to us now for a free consultation. You do not have to face this difficult time alone; we will provide you with compassionate legal services with our special needs custody attorneys in Charlotte.
Factors the Court Will Consider in Your Special Needs Custody Case
When determining custody arrangements for your special needs child in Charlotte, NC, the court will evaluate several important factors to ensure that the ruling serves your child’s needs first and foremost.
Our Charlotte family lawyers will support you by providing the court with accurate documentation about your and your child’s current needs and circumstances. Here are the key factors the court will consider when determining child custody.
Your Child’s Health and Safety
The overall health and safety of your child is paramount. The court will assess whether you and your co-parent can provide a secure and nurturing environment that meets your child’s specific needs.
Parental Involvement
The amount of time you and your co-parent spend with your child is crucial. The court will look at the quality and consistency of this involvement, as well as the nature of the relationships you and your co-parent have developed with your child.
Your and Your Co-parent’s Well-Being
The court will take into account both your and your co-parent’s physical, mental, and emotional health. It will seek to ensure that both of you are capable of providing appropriate care and support.
Your Child’s Developmental Needs
Your child’s age and developmental stage play significant roles in custody decisions. The court will consider how well your home environment aligns with your child’s developmental requirements.
Emotional Attachments
Your child’s emotional bonds with you, your co-parent, and other family members matter to the court. Strong attachments can influence the court’s decision to maintain stability in your child’s life.
Family Proximity
The closeness of family members is important. The court may favor you if your home is more supportive, providing a network of family and friends.
The Impact of Relocation
If a change in custody would require your child to leave their current home, the court will consider how this transition might affect their emotional well-being and stability.
Financial Stability
The court will assess your and your co-parent’s financial resources to ensure that both of you can provide for your child’s needs, including specialized care if necessary.
Your Child’s Access to Education and Healthcare
The proximity of schools and medical facilities is critical for you and the other parent, especially if your child requires educational programs and healthcare services.
Issues Regarding the Other Parent of Your Child
Your concerns regarding the other parent’s behavior, such as abuse, substance use, or neglect, will significantly impact the court’s decision.
Your Child’s Preferences
Depending on your child’s age and maturity, the court may take their wishes into account. This helps ensure that your child feels heard and considered in the decision-making process.
Consult with our knowledgeable Charlotte special needs custody lawyer so you can understand your rights and advocate effectively for your child’s best interests.
Our Charlotte Special Needs Custody Attorneys Will Help With Child Support Orders
Children with special needs often require additional resources for healthcare, therapies, and specialized equipment, which can lead to higher expenses. Our Charlotte, NC, special needs custody attorneys will clearly outline any additional costs related to your child’s care, including medical bills, therapy sessions, and necessary equipment.
Our attorneys will present your case for why these extraordinary expenses should lead to a higher support amount, emphasizing the importance of meeting your child’s needs. We will gather detailed documentation of all relevant expenses, such as full-time care or specialized therapies.
By illustrating how these expenses affect your daily life and your ability to provide care, you can strengthen your case for appropriate child support.
Charlotte Special Needs Custody
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Other Options for Supporting Your Special Needs Child
You may qualify for Supplemental Security Income (SSI) to help cover your special needs child’s expenses. SSI provides monthly payments for children with significant disabilities and limited family income.
SSI benefits do not count as income when determining child support, so receiving these benefits will not reduce your or your co-parent’s child support obligations.
Our Special Needs Child Custody Lawyers in Charlotte Explore Your Options for When Your Child Becomes an Adult
In North Carolina, your child becomes a legal adult at 18, which generally ends the obligation for you or your co-parent to pay child support, even if your child has a disability.
You may choose to continue support voluntarily, but it is not legally required unless specified in a prior agreement or if your child is still in school. Support payments will cease once your child graduates, fails to make progress, stops attending school regularly, or turns 20.
Schools must implement individualized education programs (IEPs) to support your special needs child. If your child is unable to care for themselves due to impairments, you can apply for legal guardianship to make decisions in their best interest. Our legal team will explore your options so you can make an informed decision.
Let Our Special Needs Child Custody Attorneys in Charlotte Help You and Your Family
You already know how much more complicated and emotionally taxing issues of child custody are when you have a special needs child. You deserve a law firm that will effectively represent you and your child. Melone Hatley P.C. will work to ensure that the court decides according to the law and your family’s best interests.
Do not delay; call us now to speak with our Client Services Coordinator for free. We want to help you understand your options and decide on the more appropriate course of action.
