Anyone going through a divorce involving children with special needs understands the unique challenges that apply to these cases. While handling these issues on your own can prove difficult, an experienced divorce with special needs children lawyer in Chesapeake can help simplify the process.
For more than a decade, the experienced Chesapeake divorce lawyers at Melone Hatley, P.C. have been helping the parents of children with special needs as they work to manage the legal process. Contact us to set up your free case consultation with one of our Client Services Coordinators today. We’ll serve as your compassionate partners throughout the process.
Issues You’ll Need to Resolve as Part of a Divorce Involving Children With Special Needs
When you are divorcing a spouse with whom you share a special needs child, hiring an experienced Chesapeake family lawyer can prove critical for ensuring an outcome that is in line with your goals. Your attorney will take care of all the complex legal issues you face as they create a strong case supporting your position.
Custody and Visitation
One of the most important issues to resolve when going through a divorce involving special needs children is the rights of each parent regarding custody and visitation. Unfortunately, attempting to reach terms regarding the living situation for your children and who has the right to make decisions about their lives tends to be the most contentious part of the divorce process.
The state guidelines for custody and visitation are laid out in Virginia Code § 20-124.2. These guidelines are meant to prioritize the best needs of children during a divorce and include provisions addressing the unique challenges of co-parenting a special needs child. However, you must clearly demonstrate the needs of your child for the court to consider them.
While there can be benefits to agreeing to terms regarding custody and visitation out of court, it is uncommon for divorcing spouses to be able to reach an agreement on all matters, especially in complex cases. Because of this, custody and visitation are most often decided through the court.
Child Support
Next to custody and visitation, child support is one of the most important issues you will need to resolve during the divorce process. The guidelines for child support payments are outlined in Virginia Code § 20-108.2. This legal code provides a framework for awarding child support under various circumstances.
Under the law, the court is permitted to make rulings that extend beyond the standard guidelines in extreme cases, including cases involving children with special needs. While the court will take all the costs associated with raising your special needs child into account, you are responsible for clearly demonstrating the needs of your child and the costs of meeting those needs.
An experienced Chesapeake divorce with special needs children attorney will help you clearly demonstrate the extent of your child’s financial needs, including healthcare, medical equipment, and special education costs.
Factors That Can Influence the Court’s Decision Regarding Custody in a Case Involving Special Needs Children
A judge will consider a variety of factors before making a ruling regarding your custody case for your special needs child in Virginia. The main aim of the judge handling your case is to ensure an outcome that meets your children’s best interests. Some of the factors that will be taken into account include:
- Your child’s physical and mental condition, their age, and their ever-changing developmental needs
- The physical and mental condition and age of you and your former spouse
- The role you and your former spouse have played in the life of your child to date
- The needs of your child regarding the relationships they have with extended family members from both sides
- The existing relationship between your child and each parent, factoring in the positive involvement in your child’s life and the ability of each parent to address your child’s emotional, physical, and intellectual needs
- The ability and willingness shown by each parent to ensure a continued and close relationship with your child
- The likelihood of each parent playing an active role in supporting a positive relationship between your child and their other parent
- Your child’s preference if the judge deems them to be old enough and possess the understanding, intelligence, and experience level required to express their preference
- Any history of abuse or domestic violence committed by either parent
- Any additional information the court determines to be relevant for deciding custody
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Other Issues to Evaluate in Child Support and Custody Cases Involving Children With Special Needs
Beyond the standard issues that exist in all custody and child support cases, several additional concerns need to be addressed in divorce cases that involve special needs children.
For instance, if you are seeking child support from your spouse, your instinct will likely be to recover the most money possible. However, receiving payments that are too large can negatively affect your ability to properly provide for your child, as too much money could disqualify them from receiving state benefits and federal disability benefits.
Many children with special needs also require care long beyond adolescence. You must inform the court if you know or expect that your child will require care into adulthood so they can make the necessary adjustments to their rulings regarding custody and support. An experienced divorce with special needs children attorney serving Chesapeake can help.
Get Help From an Experienced Divorce With Special Needs Children Attorney in Chesapeake Today
At Melone Hatley, P.C., we are committed to being your partners throughout every step of the divorce process. We will use all the resources at our disposal to protect your rights and help meet your goals.
We have a long history of dealing with the unique challenges that exist in divorce cases with special needs children and will work diligently on your behalf.
Our experienced divorce with special needs children serving Chesapeake are here to help with anything you need. Contact us by phone or through our website to set up a free initial case review to learn more about how our attorneys can help.