If you are going through a divorce involving a special needs child, you know it is complicated. When separating from your spouse, an experienced Fairfax divorce with special needs children lawyer can help.
At Melone Hatley, P.C., our legal team has helped parents of special needs children navigate the divorce process for more than a decade. Our compassionate Fairfax divorce lawyers will help ensure your rights are protected while advocating for the best interests of your children.
We understand how overwhelming a divorce with special needs children can be and will do everything we can to minimize the impact on you and your family. Contact us today to set up a free case evaluation with one of our Client Service Coordinators.
Important Considerations During a Divorce Involving Children WIth Special Needs
When going through a divorce with special needs children, an experienced Fairfax family lawyer can help ensure you fully understand the complex issues that need to be resolved and present a strong case on your behalf.
Custody and Visitation
In any divorce involving children, determining custody and visitation tends to be the most challenging part of the process. Virginia has established guidelines regarding how custody should be handled. Unfortunately, these guidelines often fail to account for the unique challenges involved with raising children with special needs.
In these cases, the court will have leeway to rule outside the standard guidelines, as outlined in Virginia Code § 20-124.2. However, they will likely have an incomplete understanding of the situation, and their ruling may not end up matching the needs of your child.
That’s why, if possible, you should always work with your spouse to negotiate a custody and visitation arrangement. Doing so will create the best chance of creating an agreement that thoroughly addresses the needs of your child, protects your parental rights, and minimizes the chances of problems down the line. An experienced Fairfax divorce with special needs children lawyers can help you through this process.
Child Support
Another critical factor to consider when going through a divorce involving children with special needs is that you will have additional financial obligations that are not addressed by Virginia Code § 20-108.2.
The court can make a ruling that falls outside the standard child support guidelines in these cases. However, you must provide them with overwhelming evidence of your child’s needs to support a decision that does not align with the usual parameters.
When you work closely with a Fairfax divorce attorney experienced with special needs children, they can help you present the court with a comprehensive outline of the expenses that are needed to properly care for your children. This can include showing the costs for your children’s healthcare, medical equipment, special education, and other critical services they require.
Factors the Court Will Consider When Awarding Custody in a Divorce Involving Children With Special Needs
When making a ruling on a special needs custody case in Virginia, the judge will consider several factors before rendering a ruling they believe to be in your children’s best interest. Some of the things that will factor into their decision include:
- The health and safety of your children
- The amount of time both you and your spouse spend with your children
- The relationships you both have with your children
- The physical, mental, and emotional health of both you and your spouse
- The age and developmental level of your children
- Your children’s attachment to you, your spouse, and any other family members and loved ones
- The financial resources available to each parent
- The proximity of family to each parent
- The proximity of schools and medical facilities to the home of each parent
- The impact that removal from the current family home would likely have on your children
- Any issues with either parent, including abuse, substance use, and abandonment
- The wishes of the children, depending on their age and maturity level
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Additional Factors that Can Affect Child Custody and Support During a Divorce With Special Needs Children
Beyond the standard issues that can affect any custody or support order, in cases involving children with special needs, a variety of other factors need to be taken into account as part of the divorce process.
For instance, if you are seeking child support from your former spouse, you may want to recover the maximum amount available in support payments. However, doing so could affect your children’s eligibility for state benefits and federal disability benefits. An experienced lawyer can help you determine how much money to seek to ensure your child gets the money they need.
Another important thing to take into account in these cases is that care for children with special needs often extends long beyond their 18th birthday.
Because of this, any custody and child support arrangements may extend much longer than they would under other circumstances. An experienced attorney can help you understand all the unique factors in your case.
Get Help From an Experienced Divorce With Special Needs Children Attorney in Fairfax Today
At Melone Hatley, P.C., we approach every case with empathy and work with our clients as partners to ensure their rights are protected and their goals are met. We understand the unique challenges that can accompany a divorce involving children with special needs and will use every available resource to help ensure a favorable outcome for your case.
Our experienced Fairfax divorce with special needs children lawyers are ready to work as your partners during the divorce process. Contact us today by completing our online contact form or giving us a call and setting up your free case review.