When you and your spouse decide to separate, it can significantly impact the established routines that keep your special needs child grounded and secure. Emotional confusion and added stress can affect your entire family, especially your child at the heart of it all.
At Melone Hatley, P.C., a Reston special needs custody lawyer is here to assist with sensitive matters like child custody, visitation, and financial needs. As your Reston child custody lawyer, we’re here to protect your family, your finances, and your future.
Our Reston Special Needs Custody Attorneys Explain How Custody Is Decided
A Reston family lawyer from our firm will help you understand how child custody decisions are made in Virginia. In family courts, the main priority is always the best interests of your child. Judges, mediators, and advocates focus on how any decision will affect your child’s well-being, making sure their health and safety are always the top considerations.
When determining a custody agreement, the goal is to preserve your child’s quality of life throughout and after the parents’ separation unless your child is already in a harmful situation. Decisions are made to support your child’s emotional security and overall happiness.
By focusing on your child’s needs, the court strives to create an arrangement that offers stability and peace of mind for both your child and your family.
Creating a Custody Schedule
When a child has special needs, it often requires more attention and resources. Both parents need to be open about their ability to meet these needs and what they can truly provide.
A special needs child might find it difficult to transition between homes, so having one parent with primary physical custody can often be simpler. The other parent might have scheduled visitation or occasional custody, depending on what works best for your child.
Both homes should be safe and comfortable for your child, which may mean making some modifications or adjustments. This helps create a supportive environment for your child in both households.
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Child Support for Special Needs Children in Reston
Calculating child support for your special needs child generally follows the usual process in any divorce. However, this can be challenging, as special needs often require additional healthcare, medications, or equipment that can be costly.
To make sure the court considers your child’s unique needs, present these as “extraordinary expenses.” Courts can adjust child support guidelines if you demonstrate that extra care is necessary, such as additional medical costs or full-time caregiving.
Our Reston special needs custody lawyers are here to help you advocate for your child’s specific needs and ensure they are fully considered in the support order.
What Happens in Virginia When My Special Needs Child Turns 18?
In Virginia, when your child turns 18, they are legally considered an adult, and child support payments usually end. This applies even if your child cannot care for themselves due to a disability unless there is an order or your child remains in school.
If your child is still in school at 18, support may continue until they graduate, stop attending regularly, or reach age 20. Schools must provide individualized education programs (IEPs) for special needs students, helping them make progress toward graduation.
For adult children with significant impairments, you can seek legal guardianship to continue making decisions in your child’s best interest. This allows the courts to modify custody arrangements for adult children when necessary.
SSI Benefits for Special Needs Children
Supplemental Security Income (SSI) provides monthly payments to help cover the basic needs of your child. To qualify, they must have a significant disability, and your family must have limited financial resources.
Your child’s condition must significantly limit daily activities and be expected to last at least a year or result in death. Applications can be submitted online, by phone, or at a local SSI office, along with details about your child’s medical history.
SSI benefits are not considered income for child support purposes, so they won’t affect existing support orders. If your SSI claim is denied, our Reston family law attorneys will help challenge the decision and secure the support your family needs.
Why Consider a Special Needs Trust for Your Child?
A special needs trust helps secure your child’s future by providing financial support without affecting eligibility for programs like Medicaid or SSI. These benefits have strict limits; for example, SSI requires under $2,000 in countable resources to qualify.
Leaving assets directly to your child could disrupt their public benefits, but a special needs trust keeps these funds separate and protected. You choose the trustee, who will manage the trust to meet your child’s best interests, covering various expenses like medical care, education, and daily needs.
Our special needs custody attorneys in Reston will help you set up a trust to safeguard your child’s care and financial security.
Tailored Guidance for Your Child’s Well-Being
Handling custody arrangements for your special needs child involves unique considerations, from medical care to daily routines. It’s important to have knowledgeable guidance to help make the best choices for your child’s well-being.
At Melone Hatley, P.C., we understand the importance of creating a plan that works best for your child and family. We are here to help protect your family, your finances, and your future, offering guidance tailored to your specific situation.
If you are facing custody decisions for a special needs child, contact Melone Hatley, P.C. Our team is here to provide you with dedicated support and personalized guidance that aligns with your family’s goals and ensures the best possible outcome for your child’s future.
Contact a Client Services Coordinator from our firm for a free consultation.
