As a parent of a child with special needs going through a divorce, you understand many challenges must be handled as part of the divorce process. Fortunately, an experienced divorce with special needs children lawyer in Charlotte can help.
For more than a decade, the family law firm of Melone Hatley, P.C. has been handling these complicated divorce proceedings. Our team of Charlotte divorce lawyers will handle your case with care and compassion as we partner with you to secure an outcome that aligns with your goals.
Reach out to us today to set up a free case consultation with a Client Service Coordinator from our firm.
Factors that North Carolina Courts Will Consider During Your Custody Battle Involving Special Needs Children
The court will consider several factors when ruling on your special needs custody case in North Carolina. The primary concern of the court will be to ensure that any ruling is in line with the best interests of your children. Some of the specific details they will consider include:
- The age of your child, their mental and physical condition, and their evolving developmental needs
- The age and mental and physical condition of both you and your ex-spouse
- The existing relationships your child has with you and your former spouse, factoring in each party’s positive involvement in your child’s life and both of your ability to address the emotional, intellectual, and physical needs of your child
- Your child’s needs regarding their relationships with extended family members on both sides
- The role you and your former spouse have played in the life of your child so far
- The probability of each parent actively supporting a relationship between your child and their other parent
- The willingness and ability demonstrated by both you and your former spouse to maintain a close and continuing relationship with your child
- The preference of your child if the court determines they are old enough and have the necessary intelligence, understanding, and experience to express their preference
- Any history of domestic violence or abuse by either parent
- Any other factors the court deems relevant for making a custody decision
Issues that Must Be Addressed When Going Through a Divorce Involving Children With Special Needs
When separating from a spouse with whom you have special needs children, it can be critical to secure the legal services of a Charlotte family lawyer. Your attorney will be able to handle all the complex issues associated with these cases while building a strong case on your behalf as they work to secure an outcome that is in line with your goals.
Child Support
The child support guidelines in North Carolina take into account the best interests of children, including those with special needs. While the guidelines do allow for deviations from the standard calculations, it is essential to provide sufficient evidence to justify the need for additional support.
The court will consider all expenses related to raising your special needs child when making its ruling. However, it is your responsibility to present these costs clearly to confirm the court understands the full extent of your child’s needs.
An experienced Charlotte divorce with special needs children attorney will help you demonstrate the specific needs of your child and the associated costs related to healthcare, medical equipment, special education, and other necessary expenses.
This professional assistance ensures that the court fully comprehends and considers these expenses in its decision.
Custody and Visitation
Determining where your children will live and your rights to make decisions regarding their well-being can become a challenging part of the divorce process.
The state guidelines regarding custody and visitation in North Carolina consider the best interests of your special needs child. While the guidelines provide general parameters, they also allow for rulings outside the standard guidelines if you can clearly show that special circumstances apply.
Although there may be benefits in reaching a custody and visitation agreement out of court, many divorcing spouses struggle to resolve all matters independently, particularly in complex cases involving children with special needs. As a result, most custody and visitation issues will need to be settled in court with the help of your Charlotte child custody lawyer.
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Other Issues a Divorce With Special Needs Children Lawyer Serving Charlotte Can Help You Address
Beyond the issues present in a typical custody and child support case, several other concerns will need to be addressed in divorce cases involving special needs children.
For example, when attempting to secure child support payments from your spouse following your divorce, you will likely be inclined to pursue the maximum payments possible. However, for cases involving children with special needs, receiving too much child support can put them over the cap for qualifying for state and federal disability benefits.
A large percentage of children with special needs also require care long into adulthood. If you know or suspect that your child will need extended care, your experienced divorce with special needs children attorney serving Charlotte can help demonstrate the continuing needs of your child so the rulings regarding custody and support accurately reflect your child’s needs.
Get Help From an Experienced Divorce With Special Needs Children Attorney in Charlotte Today
At Melone Hatley, P.C., we will be your partners throughout the divorce process, fighting by your side to ensure your rights are protected and your goals are met. We have the experience you need to handle the unique challenges that a divorce case involving children with special needs presents. We will fight tirelessly on behalf of you and your children.
Our experienced divorce with special needs children lawyers serving Charlotte are prepared to get started on your divorce case today. Contact us by giving us a call or completing our online contact form to set up a free initial case evaluation and learn more about how our lawyers can help you.
