Anyone going through a divorce that involves children with special needs is well aware of the unique challenges this situation presents. Overcoming these hurdles on your own can be incredibly difficult. Fortunately, you don’t have to go it alone. An experienced Loudoun County divorce with special needs children lawyer can guide you through every step.
At Melone Hatley, P.C., we have been helping parents of special needs children with divorce cases for over a decade. Our compassionate Loudoun County divorce lawyers will support you every step of the way and work hard to achieve a favorable outcome for your case.
Reach out to set up your free case evaluation with a Client Service Coordinator from our firm today.
Issues You Must Resolve When Going Through a Divorce Involving Special Needs Children in Loudoun County
When going through a divorce that involves children with special needs, hiring an experienced Loudoun County family lawyer can be essential for securing a positive outcome. When you hire an attorney, they will ensure you are fully aware of how the complex legal issues surrounding your situation will affect your case.
Your lawyer will work to build a strong case on your behalf that supports the goals of both you and your children.
Custody and Visitation
One of the most pressing issues that must be resolved during the divorce process is the custody and visitation of your children. Determining who your children will live with and who will make decisions regarding their well-being is typically the most disputed part of the divorce process. Virginia Code § 20–124.2 sets forth the guidelines for custody and visitation.
These guidelines provide a framework that can accommodate the unique issues present when arranging co-parenting for a child with special needs.
The court considers the best interests of your child, which allows for the inclusion of specific conditions and circumstances of special needs children. Hiring an experienced attorney is crucial to clearly demonstrate your child’s needs and the unique considerations that must be made within these guidelines.
While there may be benefits to reaching a custody and visitation agreement outside of the court, fully agreeing on all parts of a custody battle is incredibly rare, especially in complex cases.
Custody and visitation almost always need to be resolved through the court, and having an experienced attorney ensures your children’s needs and parental rights are effectively advocated for.
Child Support
Child support is another critical issue that must be resolved during the divorce process. The rules for child support payments are detailed in Virginia Code § 20–108.2. While these rules establish how support should be awarded, they also allow for exceptions in extreme cases.
The court will consider all costs associated with raising and caring for your child. However, you must clearly outline these costs. In addition to demonstrating the expenses for your child’s care, you must show why these various forms of care are necessary for your child’s well-being.
An experienced Loudoun County divorce with special needs children attorney will help you break down your children’s financial needs. This includes expenses related to healthcare, special education, and medical equipment, making it easier for the court to understand.
Factors that Will Affect Your Custody Battle Involving Children With Special Needs
When making a ruling regarding a special needs custody case in Virginia, the court will take many factors into account to ensure the best interests of your children are met. Some of the specifics that will be considered include:
- Your child’s age, physical and mental condition, and changing developmental needs
- The age and physical and mental condition of each parent
- The relationship that exists between your child and each parent, factoring in the positive involvement in your child’s life and the ability of each parent to address the physical, emotional, and intellectual needs of your child
- The needs of your child regarding their relationships with extended family members
- The role each parent has filled in the life of your child so far
- The likelihood of each parent to play an active role in supporting a relationship between your child and their other parent
- The willingness and ability demonstrated by each parent to maintain a close and continued relationship with your child
- The preference of your child if the court determines them to be old enough and have the understanding, intelligence, and experience level necessary to express that preference
- Any history of abuse or domestic violence perpetrated by either parent
- Any other factors the court considers relevant to making a custody decision
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Other Factors that Can Impact Child Custody and Support Rulings in Cases Involving Special Needs Children
Beyond the standard issues that can affect any ruling regarding custody or child support, other factors must be taken into account in cases involving children with special needs.
For example, if you are seeking child support payments from your spouse, it is common to attempt to receive the maximum payments possible. However, in these cases, it could affect your child’s eligibility for state benefits and federal disability benefits. Your lawyer can help you determine how much you should seek to maintain your child’s eligibility for benefits.
The court must also be made aware of the likelihood of your child requiring care into adulthood. When you hire an experienced divorce with special needs children attorney serving Loudoun County, they will make the needs of your children clear to the court, including the need for custody and support rulings that extend beyond your child’s 18th birthday.
Get in Touch With an Experienced Divorce With Special Needs Children Attorney in Loudoun County Today
At Melone Hatley, P.C., we will fight for you throughout the divorce process and ensure your rights are protected as we pursue your goals. We are familiar with the challenges divorces can present, especially those involving special needs children; therefore, we’ll use every tool at our disposal to help ensure a case result that works for you.
Our experienced divorce with special needs children lawyers serving Loudoun County are prepared to help you build your case today. Complete our online contact form or give us a call today to schedule your free case review and learn more about how our lawyers can help.